Legal Services Analysis of Unique Entity Identifier (UEI) to Loans, Guarantees, Insurance

Statement of Requirements

Title 2 of the Code of Federal Regulations, Part 25 (2 CFR 25 or Part 25), titled “Universal Identifier and System for Award Management,” requires that Federal financial assistance applicants, as well as recipients and their direct subrecipients, be registered in the System for Award Management (SAM) prior to submitting an application.  Part 25 also requires applicants to provide a Unique Entity Identifier (UEI) in each application. 

The issue presented is whether customers seeking or receiving financial products from the Export-Import Bank of the United States (EXIM or EXIM Bank) are considered “recipients” of “Federal financial assistance” under Part 25, and, if so, which parties to an EXIM transaction are considered “recipients” under Part 25.  An additional issue is whether the SPVs or SPCs involved in a number of EXIM’s export programs are considered pass-through entities under Part 25.  The contractor will need to look at Part 25 as a whole, as well as the legislative history, in order to determine the drafters’ intent.  The Contractor will also examine the legal basis for the establishment of the SPV/SPCs in furtherance of an EXIM Transaction.

Reference attached solicitation for detailed information.