---
kind: "section"
citation: "2 C.F.R. § 417.220"
title: "2"
number: "417.220"
heading: "Are any procurement contracts included as covered transactions?"
url: "https://uscodex.org/cfr/2/417.220"
---

# §417.220. Are any procurement contracts included as covered transactions?


In addition to the procurement contracts listed in [2 CFR 180.220](/cfr/2/180.220.md), 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 covered under [§ 417.210](/cfr/2/417.210.md), and the contract amount is expected to equal or exceed $25,000.
  - (2) [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 2 CFR [180.220(a)](/cfr/2/180.220.md?p=a) and [2](/cfr/2/2.md) CFR 180.220(b) and [paragraph (a)](#a) of this section.
- (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 2 CFR [180.220(a)](/cfr/2/180.220.md?p=a) and [2](/cfr/2/2.md) CFR 180.220(b) and [paragraph (a)](#a) of this section.
- (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 paragraph [(b)](#b) and [(c)](#c) of this section, primary tier participants under these programs must check 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 must not enter into such a procurement contract if the person is excluded or disqualified in SAM.gov.

## 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.