Social Security Online
Code of Federal Regulations
www.socialsecurity.gov|
Skip to content Social Security Online |
Code of Federal Regulations |
|
|
www.socialsecurity.gov |
||
| Sec. | |
|---|---|
|
| 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.
|
Privacy Policy |
Website Policies & Other Important
Information |
Site Map
Last reviewed or modified Monday Jan 14, 2008 |
