§ 25.110. Exceptions to this part.

459 words·~2 min read·/us/cfr/t2/s§ 25.110·

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(a)General exceptions.

(1)Under a condition identified in paragraph (a)(2) of this section, a Federal agency may exempt an applicant or recipient of Federal financial assistance from the requirement to obtain a UEI, register in SAM.gov, or both.

(i)If a Federal agency grants an exception under paragraph (a)(2) of this section, the Federal agency must use a generic entity identifier in the data it reports to USAspending.gov if reporting for a prime award of Federal financial assistance to the recipient is required by the Federal Funding Accountability and Transparency Act (Pub. L. 109-282, as amended, hereafter cited as "Transparency Act"). Granting an exception under paragraph (a)(2) of this section does not impact a Federal agency's responsibility for reporting under the Transparency Act, except that it may use a generic entity identifier in the circumstances described.

(ii)Federal agencies should use generic entity identifiers rarely as it prevents recipients from fulfilling reporting requirements such as subaward or executive compensation reporting required by the Transparency Act.

(2)A Federal agency may exempt an applicant, recipient, or subrecipient when:

(i)The Federal agency determines that it must protect information about the entity from disclosure in the national security or foreign policy interests of the United States or to avoid jeopardizing the personal safety of the entity's staff, partners, beneficiaries, and participants; (ii)(A) All of the following conditions are met:

(1)The entity is a foreign organization or foreign public entity;

(2)The Federal award or subaward will be performed outside the United States;

(3)The Federal award or subaward will be less than \$25,000; and

(4)The Federal agency deems it to be impractical for the entity to comply with the requirements of this part.

(B)The Federal agency must determine this exemption on a case-by-case basis while utilizing a risk-based approach;

(iii)For applicants or recipients, the Federal agency may exempt foreign organizations or foreign public entities from completing full registration in SAM.gov for a Federal award less than \$500,000 that will be performed outside the United States. Foreign organizations or foreign public entities exempted from registering in SAM.gov under this provision must still obtain a UEI. The Federal agency must determine this exemption on a case-by-case basis while utilizing a risk-based approach; or

(iv)For applicants, the Federal agency determines that there are exigent circumstances that prohibit the applicant from receiving a UEI and registering in SAM.gov before receiving a Federal award. In these instances, Federal agencies must require the recipient to obtain a UEI and complete registration in SAM.gov within 30 days of the Federal award date.

(b)Class exceptions. OMB may approve additional exceptions for classes of Federal awards, applicants, or recipients subject to the requirements of this part when exceptions are not prohibited by statute.

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CFR

§ 200.209
Certifications and representations.

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Pub. L. 109-282

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§ 25.110

Exceptions to this part.

Fed. Reg.×453

C.F.R.×1

Pub. L.Pub. L. 109-282

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