§ 1209.220 - Are any procurement contracts included as covered transactions?  


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  • (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) 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 § 1209.210, and the amount of the contract is expected to equal or exceed $25,000.

    (2) The contract requires the consent of a(n) NARA 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.