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