---
kind: "section"
citation: "2 C.F.R. § 417.215"
title: "2"
number: "417.215"
heading: "Which nonprocurement transactions, in addition to those listed in 2 CFR 180.215, are not covered transactions?"
url: "https://uscodex.org/cfr/2/417.215"
---

# §417.215. Which nonprocurement transactions, in addition to those listed in 2 CFR 180.215, are not covered transactions?

- (a) **Transactions not covered.** In addition to the nonprocurement transactions listed in [2 CFR 180.215](/cfr/2/180.215.md), 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](/usc/16/620.md) 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)](/usc/16/620d.md?p=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)](#a-8) and [(9)](#a-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](/cfr/2/180.700.md) or [2](/cfr/2/2.md) 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](/cfr/2/417.220.md).

## Notes

### Authority

Authority: 5 U.S.C. 301; 7 U.S.C. 2209j; Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); Pub. L. 101-576, 104 Stat. 2838; E.O. 12549 (51 FR 6370, 3 CFR, 1986 Comp., p. 189); E.O. 12689 (54 FR 34131, 3 CFR, 1989 Comp., p. 235); 2 CFR part 180; 7 CFR 2.28.

### Source

Source: 89 FR 68326, Aug. 26, 2024, unless otherwise noted.