§ 417.215. Which nonprocurement transactions, in addition to those listed in 2 CFR 180.215, are not covered transactions?
424 words·~2 min read·
/us/cfr/t2/s§ 417.215·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Transactions not covered. In addition to the nonprocurement transactions listed in 2 CFR 180.215, the following nonprocurement transactions are not covered transactions:
(1)An entitlement or mandatory award required by a statute, including a lower tier entitlement or mandatory award that is required by a statute.
(2)The export or substitution of Federal timber governed by the Forest Resources Conservation and Shortage Relief Act of 1990, 16 U.S.C. 620 et seq. (The "Export Act"), which prevents a debarred person from entering into any contract for the purchase of unprocessed timber from Federal lands. See 16 U.S.C. 620d(d)(1)(A).
(3)The receipt of licenses, permits, certificates, and indemnification under regulatory programs conducted in the interest of public health and safety, and animal and plant health and safety.
(4)The receipt of official grading and inspection services, animal damage control services, public health and safety inspection services, and animal and plant health and safety inspection services.
(5)If the person is a State or local government, the provision of official grading and inspection services, animal damage control services, animal and plant health and safety inspection services.
(6)The receipt of licenses, permits, or certificates under regulatory programs conducted in the interest of ensuring fair trade practices.
(7)Permits, licenses, exchanges and other acquisitions of real property, rights of way, and easements under natural resource management programs.
(8)Any transaction to be implemented outside the United States that is below the primary tier covered transaction in a USDA foreign assistance program.
(9)Any transaction 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.
(b)Limited requirement to check SAM.gov. Notwithstanding the fact that transactions 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 (a)(8) and
(9)of this section, primary tier participants under these programs must check SAM.gov prior to entering into any transaction with a person at the first lower tier and must not enter into such a transaction if the person is excluded or disqualified in SAM.gov.
(c)Exception. A cause for suspension or debarment under 2 CFR 180.700 or 2 CFR 180.800 may be based on the actions of a person with respect to a procurement or nonprocurement transaction under a USDA program even if such transaction has been excluded from covered transaction status by this section or § 417.220.
Connections6 cite this · traces to 5
Cited by 6 sections · top 2
Citation graph
cites case law
§ 417.215
Which nonprocurement transactions, in addition to those listed in 2 CFR 180.215, are not covered transactions?
Fed. Reg.×6
Cites 5Cited by 6 across 1 source