AAPD 22-04 Revision 1: UEI/SAM Registration Exception for Assistance Awards: 2 CFR 25.110(c)(2)(iii):  This AAPD provides supplementary  guidance for the use of an existing exception under 2 CFR 25 for assistance awards.

AAPDs provide information of significance to all agency personnel and partners involved in the Acquisition and Assistance process. Information includes (but is not limited to): advance notification of changes in acquisition or assistance regulations; reminders; procedures; and general information. Also, AAPDs may be used to implement new requirements on short-notice, pending formal amendment of acquisition or assistance regulations.

Subject Category: Assistance

Purpose: The purpose of this AAPD is to provide supplemental guidance to Agreement Officers (AOs) when using an exception under 2 CFR 25.110(c)(2)(iii), related to the unique entity identifier (UEI) and System for Award Management (SAM) registration requirements for assistance awards. This exception allows an AO to issue an award when there are exigent circumstances that prohibit an applicant from obtaining a UEI and completing SAM registration prior to receiving the award; when this occurs, the AO must require the recipient to obtain a UEI and complete SAM registration within 30 days of the award date.

Recognizing that circumstances beyond the recipient’s control have recently prevented completion of the SAM registration process within the authorized 30 days after award (see Section IV, “Background”), this AAPD provides supplemental guidance to support AOs in the application of this exception. 

AAPD 22-04 was originally issued with an effective date of September 26, 2022. The purpose of this Revision 1 is to extend the expiration date of AAPD, with no other changes to the AAPD content or policy. This AAPD continues in effect until March 31, 2023, unless rescinded earlier.

Required Actions: When applying the exception found in 2 CFR 25.110(c)(2)(iii), the AO must follow the instructions in ADS 303maz (“USAID Policy Guidance on Exemptions to Assistance Reporting Under the Federal Funding Accountability and Transparency Act of 2006”).

When it is expected, based on case-specific circumstances, that the recipient will not be able to complete SAM registration within 30 days after award, the AO must include the special award condition (see Attachment 1) in the award. As SAM registration is an important fraud mitigation tool, the intent of this special award condition is to provide explicit instructions to the recipient regarding USAID’s expectations for the UEI and SAM registration.

The AO may also share this special award condition with a recipient for use in any subawards where the AO has authorized the prime recipient to proceed with the subaward before the subrecipient has obtained its UEI. The prime recipient may tailor the special award condition as needed.

Background: In accordance with 2 CFR 200 and 2 CFR 25, all entities applying for assistance awards must obtain a unique entity identifier and be registered in SAM before submitting an application, unless an exception applies. 2 CFR 25.110(c) outlines certain situations where USAID may exempt an applicant, recipient, or subrecipient from the requirement to obtain a UEI and/or register in SAM. ADS 303maz provides additional guidance on the application of these exceptions.

Date Issued: January 25, 2023