[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR76.220]



[Page 260-261]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 76_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table 

of Contents

 

                     Subpart B_Covered Transactions

 

Sec.  76.220  Are any procurement contracts included as covered 

transactions?



    (a) Covered transactions under this part--

    (1) Do not include any procurement contracts awarded directly by a 

Federal agency; but

    (2) Do include some procurement contracts awarded by non-Federal 

participants in nonprocurement covered



[[Page 261]]



transactions (see appendix to this part).

    (b) 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 that is covered under Sec.  76.210, and the amount of the 

contract is expected to equal or exceed $25,000.

    (2) The contract requires the consent of a(n) HHS official. In that 

case, the contract, regardless of the amount, always is a covered 

transaction, and it does not matter who awarded it. For example, it 

could be a subcontract awarded by a contractor at a tier below a 

nonprocurement transaction, as shown in the appendix to this part.

    (3) The contract is for federally-required audit services.

    (c) The contract is a subcontract at any tier below a procurement 

transaction that is covered under paragraph (a) of this section, and the 

value of the contract exceeds or is expected to exceed the ``simplified 

acquisition threshold'' defined at 42 U.S.C. 403(11). This extends the 

coverage of paragraph (a) of this section to all lower tiers of 

contracts that exceed the simplified acquisition threshold (see optional 

lower tier coverage shown in the diagram in the appendix to this part).



[68 FR 66544, 66630, 66632, Nov. 26, 2003]