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| Sec. | |
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| How is this part organized? |
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| How is this part written? |
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| Do terms in this part have special meanings? |
| Subpart A—General | |
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| What does this part do? |
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| Does this part apply to me? |
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| What is the purpose of the nonprocurement debarment and suspension system? |
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| How does an exclusion restrict a person's involvement in covered transactions? |
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| May we grant an exception to let an excluded person participate in a covered transaction? |
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| Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts? |
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| Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions? |
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| May the SSA exclude a person who is not currently participating in a nonprocurement transaction? |
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| How do I know if a person is excluded? |
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| Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions? |
| Subpart B—Covered Transactions | |
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| What is a covered transaction? |
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| Why is it important to know if a particular transaction is a covered transaction? |
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| Which nonprocurement transactions are covered transactions? |
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| Which nonprocurement transactions are not covered transactions? |
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| Are any procurement contracts included as covered transactions? |
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| How do I know if a transaction in which I may participate is a covered transaction? |
| Subpart C—Responsibilities of Participants Regarding Transactions | |
| Doing Business With Other Persons | |
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| What must I do before I enter into a covered transaction with another person at the next lower tier? |
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| May I enter into a covered transaction with an excluded or disqualified person? |
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| What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction? |
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| May I use the services of an excluded person as a principal under a covered transaction? |
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| Must I verify that principals of my covered transactions are eligible to participate? |
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| What happens if I do business with an excluded person in a covered transaction? |
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| What requirements must I pass down to persons at lower tiers with whom I intend to do business? |
| Disclosing Information—Primary Tier Participants | |
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| What information must I provide before entering into a covered transaction with the SSA? |
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| If I disclose unfavorable information required under §436.335, will I be prevented from participating in the transaction? |
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| What happens if I fail to disclose the information required under §436.335? |
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| What must I do if I learn of information required under §436.335 after entering into a covered transaction with the SSA? |
| Disclosing Information—Lower Tier Participants | |
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| What information must I provide to a higher tier participant before entering into a covered transaction with that participant? |
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| What happens if I fail to disclose the information required under §436.355? |
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| What must I do if I learn of information required under §436.355 after entering into a covered transaction with a higher tier participant? |
| Subpart D—Responsibilities of SSA Officials Regarding Transactions | |
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| May I enter into a transaction with an excluded or disqualified person? |
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| May I enter into a covered transaction with a participant if a principal of the transaction is excluded? |
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| May I approve a participant's use of the services of an excluded person? |
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| What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction? |
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| May I approve a transaction with an excluded or disqualified person at a lower tier? |
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| When do I check to see if a person is excluded or disqualified? |
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| How do I check to see if a person is excluded or disqualified? |
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| What must I require of a primary tier participant? |
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| What method do I use to communicate those requirements to participants? |
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| What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person? |
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| What action may I take if a primary tier participant fails to disclose the information required under §436.335? |
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| What may I do if a lower tier participant fails to disclose the information required under §436.355 to the next higher tier? |
| Subpart E—Excluded Parties List System | |
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| What is the purpose of the Excluded Parties List System (EPLS)? |
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| Who uses the EPLS? |
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| Who maintains the EPLS? |
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| What specific information is in the EPLS? |
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| Who places the information into the EPLS? |
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| Whom do I ask if I have questions about a person in the EPLS? |
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| Where can I find the EPLS? |
| Subpart F—General Principles Relating to Suspension and Debarment Actions | |
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| How do suspension and debarment actions start? |
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| How does suspension differ from debarment? |
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| What procedures does the SSA use in suspension and debarment actions? |
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| How does the SSA notify a person of a suspension or debarment action? |
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| Do Federal agencies coordinate suspension and debarment actions? |
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| What is the scope of a suspension or debarment action? |
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| May the SSA impute the conduct of one person to another? |
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| May the SSA settle a debarment or suspension action? |
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| May a settlement include a voluntary exclusion? |
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| Do other Federal agencies know if the SSA agrees to a voluntary exclusion? |
| Subpart G—Suspension | |
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| When may the suspending official issue a suspension? |
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| What does the suspending official consider in issuing a suspension? |
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| When does a suspension take effect? |
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| What notice does the suspending official give me if I am suspended? |
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| How may I contest a suspension? |
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| How much time do I have to contest a suspension? |
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| What information must I provide to the suspending official if I contest a suspension? |
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| Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based? |
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| Are suspension proceedings formal? |
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| How is fact-finding conducted? |
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| What does the suspending official consider in deciding whether to continue or terminate my suspension? |
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| When will I know whether the suspension is continued or terminated? |
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| How long may my suspension last? |
| Subpart H—Debarment | |
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| What are the causes for debarment? |
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| What notice does the debarring official give me if I am proposed for debarment? |
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| When does a debarment take effect? |
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| How may I contest a proposed debarment? |
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| How much time do I have to contest a proposed debarment? |
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| What information must I provide to the debarring official if I contest a proposed debarment? |
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| Under what conditions do I get an additional opportunity to challenge the facts on which the proposed debarment is based? |
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| Are debarment proceedings formal? |
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| How is fact-finding conducted? |
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| What does the debarring official consider in deciding whether to debar me? |
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| What is the standard of proof in a debarment action? |
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| Who has the burden of proof in a debarment action? |
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| What factors may influence the debarring official's decision? |
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| How long may my debarment last? |
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| When do I know if the debarring official debars me? |
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| May I ask the debarring official to reconsider a decision to debar me? |
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| What factors may influence the debarring official during reconsideration? |
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| May the debarring official extend a debarment? |
| Subpart I—Definitions | |
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| Adequate evidence. |
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| Affiliate. |
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| Agency. |
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| Agent or representative. |
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| Civil judgment. |
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| Conviction. |
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| Debarment. |
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| Debarring official. |
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| Disqualified. |
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| Excluded or exclusion. |
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| Excluded Parties List System. |
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| Indictment. |
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| Ineligible or ineligibility. |
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| Legal proceedings. |
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| Nonprocurement transaction. |
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| Notice. |
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| Participant. |
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| Person. |
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| Preponderance of the evidence. |
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| Principal. |
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| Respondent. |
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| State. |
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| Suspending official. |
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| Suspension. |
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| Voluntary exclusion or voluntarily excluded. |
| Subpart J [Reserved] | |
| Appendix to Part 436—Covered Transactions | |
AUTHORITY: 42 U.S.C. 902(a)(5); Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235).
SOURCE: 68 FR 66544, 66578, Nov. 26, 2003, unless otherwise noted.
EDITORIAL NOTE: Nomenclature changes to part 436 appear at 68 FR 66579, Nov. 26, 2003.
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