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Federal Register / Vol . 70 , No , 168 / Wednesday , August 31 , 2005 / Rules and Regulations 51867 <br /> § 180Z What does this part do? Federal agency some discretion. ( 6 ) Include a subpart covering <br /> This pari provides Office of Specifically , the regulation must— disqualifications , as authorized in <br /> Management and Budget (OMB ) ( 1 ) Identify either the Federal agency § 180 .45 , <br /> guidance for Federal agencies on the head , or the title of the designated <br /> g g official who is authorized to rant §implement <br /> Where does a Federal agency <br /> governmentwide debarment and g implement these guidelines ? <br /> suspension system for nonprocurement exceptions under § 180 . 135 to let an <br /> programs and activities . excluded person, participate in a Each Federal agency that participates <br /> covered transaction. . in the governmentwide nonprocurement <br /> § 180 .10 How is this part organized ? ( 2 ) State whether the agencv includes debarment and suspension system must <br /> This part is organized in two as covered transactions an additional issue a regulation implementing these <br /> segments . tier of contracts awarded under covered guidelines within its chapter in subtitle <br /> ( a) Sections 180 . 5 through 180 .45 nonprocurement transactions , as B of this title of the Code of Federal <br /> contain general policy direction for permitted under § 180 . 220 ( c ) . Regulations . <br /> Federal agencies ' use of the standards in ( 3 ) Identify the method (s ) an agency § 18025 By when must a Federal agency <br /> subparts A through I of this part . official may use , when entering into a Implement these guidelines? <br /> (b) Subparts A through I of this part covered transaction with a primary tier Federal agencies must submit <br /> contain uniform governmentwide participant, to communicate to the proposed regulations to the OMB for <br /> standards that Federal agencies are to participant the requirements described review within nine months of the <br /> use to specify— in § 180 .435 . Examples of methods are issuance of these guidelines and issue <br /> ( 1 ) The types of transactions that are an award term that requires compliance final regulations within eighteen <br /> covered by the nonprocurement as a condition of the award ; an months of these guidelines . <br /> debarment and suspension system ; assurance of compliance obtained at <br /> ( 2 ) The effects of an exclusion under time of application ; or a certification . § 180.40 How are these guidelines <br /> that nonprocurement system , including (4 ) State whether the Federal agencv ' 6 maintained? <br /> reciprocal effects with the policy is to restrict participants ' The Interagency Committee on <br /> governmentwide debarment and collection of certifications to verify that Debarment and Suspension established <br /> suspension system for procurement ; lower-tier participants are not excluded by section 4 of E .O . 12549 recommends <br /> ( 3 ) The criteria and minimum due or disqualified ( see § 180 .300 (b)) . If it is to the OMB any needed revisions to <br /> the <br /> process to be used in nonprocurement the policy , the regulation needs to guidelines in this part. The OMB <br /> debarment and suspension actions ; and require agency officials , when entering publishes proposed changes to the <br /> (4 ) Related policies and procedures to into covered transactions with primary guidelines in the Federal Register for <br /> ensure the effectiveness of those actions . tier participants , to communicate that public comment , considers comments <br /> § 180.15 To whom does the guidance policy ' with the help of the Interagency <br /> apply? ( 5) State whether the Federal agency Committee on Debarment and <br /> The guidance provides OMB guidance specifies a particular method that Suspension , and issues the final <br /> only to Federal agencies . Publication of participants must use tQ communicate guidelines . <br /> the guidance in the CFR does not compliance requirements to lower-tier <br /> a its nature—it is guidance and <br /> participants . as described in § 180 .45 Do these guidelines cover <br /> change g § 180 . 330(a) . If there is a specified persons who are disqualified, as well as <br /> not regulation. Federal agencies ' method , the re ulation needs to re wire <br /> implementation of the guidance governs those who are excluded from <br /> g q ency officials , when entering into nonprocurement transactions? <br /> the rights and responsibilities of other ag <br /> covered transactions with primary tier A Federal agency may add a subpart <br /> persons affected by the nonprocurement participants , to communicate that covering disqualifications to its <br /> debarment and suspension system, re9uirement. regulation implementing these <br /> § 180.20 What must a Federal agency do to (c) May also , at the agency ' s option: guidelines , but the guidelines in <br /> implement these guidelines ? ( 1 ) Identify any specinc types of subparts A through I of this par— <br /> As required by Section 3 of EA , transactions that the Federal agency (a) Address disqualified persons only <br /> 12 549 , each Federal agency with includes as " nonprocurement tp— <br /> nonprocurement programs and. activities transactions " in addition to the ( 1 ) Provide for their inclusion in the <br /> covered by A subparts through I of the examples provided in § 180 .970 . EPLS ; and <br /> p g (2 ) Identify any types of ( 2 ) State responsibilities of Federal <br /> guidance must issue regulations nonprocurement transactions that the agencies and participants to check for <br /> consistent with those subparts . Federal agency exempts from coverage disqualified persons before entering into <br /> § 180.25 What must a Federal agency under these guidelines , as authorized covered transactions , <br /> address in its implementation of the under § 180 . 330 (g) ( 2) . (b) Do not specify the— <br /> guidance? (3 ) identify specific examples of types (1 ) Transactions for which a <br /> Each Federal agency implementing of individuals who would be disqualified person is ineligible . Those <br /> regulation. : <br /> It the Federal agency' s transactions vary on a case-by case <br /> (a) Must establish policies and nonprocurement programs and basis , because they depend on the <br /> procedures for that agency 's transactions , in addition to the types of language of the specific statute , <br /> nonprocurement debarment and individuals described at § 180 . 995 . Executive order or regulation that <br /> 00 <br /> suspension programs and activities that (4 ) Specify the Federal agency ' s caused the disqualification; <br /> are consistent with the guidance . When procedures , if any , by which a ( 2 ) Entities to which a disqualification <br /> adopted by s Federal agency , the respondent may appeal a suspension or applies ; or <br /> provisions of the guidance has debarment decision. ( 3 ) Process that a Federal agency uses <br /> regulatory effect for that agency ' s ( 5 ) identify by title the officials to disqualify a person . Unlike exclusion <br /> programs and activitiesdesignated by the Federal agency head under subparts A through I of this part, <br /> (b) Must address some matters for as debarring officials under § 180 . 930 or disqualification is frequently not a <br /> which these guidelines give each suspending officials under § 180 , 1010 . discretionary action that a Federal <br />