§ 417.220 - Are any procurement contracts included as covered transactions?

§ 417.220 Are any procurement contracts included as covered transactions?

(a) Covered transactions under this part:

(1) Do not include any procurement contracts awarded directly by a Federal agency; but

(2) Do include some procurement contracts awarded by non-Federal participants in nonprocurement covered transactions (see appendix to this part).

(b)

In addition to the procurement contracts listed in 2 CFR 180.220, the following procurement contracts are covered transactions:

(a) Specifically, a contract for goods or services is a covered transaction if any of the following applies:

(1) The contract is awarded by a participant in a nonprocurement transaction

that is

covered under § 417.210, and the contract amount

of the contract

is expected to equal or exceed $25,000.

(2)

The contract requires the consent of a USDA official. In that case, the contract, regardless of the amount, always is a covered transaction, and it does not matter who awarded it. For example, it could be a subcontract awarded by a contractor at a tier below a nonprocurement transaction, as shown in the appendix to this part.

(3) The contract is for federally-required audit services.

(c)

[Reserved]

(b) Any procurement contract to be implemented outside the United States that is below the primary tier covered transaction in a USDA foreign assistance program is not a covered transaction, notwithstanding the provisions in

paragraphs

2 CFR 180.220(a) and 2 CFR 180.220(b) and paragraph (a) of this section.

(

d

c) Any procurement contract to be implemented outside the United States that is below the primary tier covered transaction in a USDA export credit guarantee program or direct credit program is not a covered transaction, notwithstanding the provisions in

paragraphs

2 CFR 180.220(a) and 2 CFR 180.220(b) and paragraph (a) of this section.

(

e

d) Notwithstanding the fact that procurement contracts to be implemented outside the United States that are below the primary tier covered transaction in a USDA foreign assistance program, export credit guarantee program or direct credit program are not covered transactions, pursuant to

paragraphs

paragraph (

c

b) and (

d

c) of this section, primary tier participants under these programs must check

the EPLS

SAM.gov prior to entering into any procurement contract that is expected to equal or exceed $25,000 with a person at the first lower tier and

shall

must not enter into such a procurement contract if the person is excluded or disqualified

under the EPLS.

in SAM.gov.