2 CFR § 417.221 - How would the exclusions from coverage for the USDA's foreign assistance programs apply?

---
identifier: "/us/cfr/t2/s417.221"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "2 CFR § 417.221 - How would the exclusions from coverage for the USDA's foreign assistance programs apply?"
title_number: 2
title_name: "Federal Financial Assistance"
section_number: "417.221"
section_name: "How would the exclusions from coverage for the USDA's foreign assistance programs apply?"
chapter_name: "DEPARTMENT OF AGRICULTURE"
part_number: "417"
part_name: "NONPROCUREMENT DEBARMENT AND SUSPENSION"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "89 FR 68326, Aug. 26, 2024, unless otherwise noted."
cfr_part: "417"
---


# 417.221 How would the exclusions from coverage for the USDA's foreign assistance programs apply?

The primary tier covered transaction would be the food aid grant agreement entered into between USDA and a program participant, such as a U.S. private voluntary organization. USDA would have to check *SAM.gov* before entering into the food aid grant agreement to ensure that the U.S. private voluntary organization that would be the primary tier participant is not excluded or disqualified. A transaction at the first lower tier might be a subrecipient agreement between the U.S. private voluntary organization and a foreign subrecipient of the commodities that were provided under the food aid grant agreement. Pursuant to § 417.215(a)(8), this nonprocurement transaction would not be a covered transaction. In addition, a transaction at the first lower tier might be a procurement contract entered into between the U.S. private voluntary organization and a foreign entity to provide supplies or services that are expected to equal or exceed $25,000 in value and that are needed by such organization to implement activities under the food aid grant agreement. Pursuant to § 417.220(b), this procurement contract would not be a covered transaction. However, pursuant to §§ 417.215(b) and 417.220(d), the U.S. private voluntary organization would be prohibited from entering into, at the first lower tier, an agreement with a subrecipient or a procurement contract that is expected to equal or exceed $25,000 with an entity that appears in *SAM.gov* as excluded or disqualified.