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