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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />agreement programs. <br />c. Requirements. <br />These regulations restrict awards, subawards, and contracts with certain <br />parties that are debarred, suspended, or otherwise excluded from or <br />ineligible for participation in Federal assistance programs and activities. - <br />See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. A contract <br />award must not be made to parties listed in the SAM Exclusions. SAM <br />Exclusions is the list maintained by the General Services Administration <br />that contains the names of parties debarred, suspended, or otherwise <br />excluded by agencies, as well as parties declared ineligible under <br />statutory or regulatory authority other than Executive Order 12549. SAM <br />exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530. <br />In general, an "excluded" party cannot receive a Federal grant award or a <br />contract within the meaning of a "covered transaction," to include <br />subawards and subcontracts. This includes parties that receive Federal <br />funding indirectly, such as contractors to recipients and subrecipients. <br />The key to the exclusion is whether there is a "covered transaction," <br />which is any nonprocurement transaction (unless excepted) at either a <br />"primary" or "secondary" tier. Although"covered transactions" do not <br />include contracts awarded by the Federal Government for purposes of <br />the nonprocurement common rule and DHS's implementing regulations, <br />it does include some contracts awarded by recipients and subrecipients. <br />iii. Specifically, a covered transaction includes the following contracts for <br />goods or services: <br />1. The contract is awarded by a recipient or subrecipient in the <br />amount of at least $25,000. <br />2. The contract requires the approval of FEMA, regardless of <br />amount. <br />3. The contract is for federally -required audit services. <br />4. A subcontract is also a covered transaction if it is awarded by <br />the contractor of a recipient or subrecipient and requires either <br />the approval of FEMA or is in excess of $25,000. <br />d. Suggested Language. The following provides a debarment and suspension <br />75 <br />