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Federal Register / Vol . 70 , No , 1681 Wednesday , August 31 , 2005 / Rules and Regulations 51869
<br /> (b ) Act as a principal of a person Subpart B—Covered Transactions governments or foreign governmental
<br /> participating in one of those covered entities .
<br /> transactions . § 180.200 What is a covered transaction? (b ) A benefit to an individual as a
<br /> A covered transaction is a personal entitlement without regard to
<br /> 9180136 Maya Federal agency grant an nonprocurement or procurement the individual ' s present responsibility
<br /> exception to let an excluded person transaction that is subject to the
<br /> in a covered transaction? 1 (but benefits received in an individual' s
<br /> participate prohibitions of this part . It may be a business capacity are not excepted) . For
<br /> ( a ) A Federal agency head or designee transaction at— example , if a person receives social
<br /> may grant an exception permitting an ( a ) The primary tier , between e security benefits under the
<br /> excluded person to participate in a Federal agency and a person (see Supplemental Security Income
<br /> particular covered transaction. If the appendix to this part) ; or provisions of the Social Security Act , 42
<br /> agency head or designee grants an ( b ) A lower tier , between a participant. U . S . C . 1301 et seq. , those benefits are
<br /> exception , the exception must be in in a covered transaction and another not covered transactions and , therefore ,
<br /> writing and state the reason (s) for person . are not affected if the person is
<br /> deviating from the governmentwide excluded ,
<br /> policy in Executive Order 12549 . § 180.205 Why is it important If a particular
<br /> (b) An exception anted by one transaction is a covered transaction ? ( c) Federal emplovment .
<br /> P gr ( d) A transaction that a Federal
<br /> Federal agency for an excluded person The importance of whether a agency needs to respond to a national or
<br /> does not extend to the covered transaction is a covered transaction agency -recognized emergency or
<br /> transactions of another Federal agency , depends upon who you are , disaster .
<br /> ( a) As a participant in the transaction , ( e) A permit , license , certificate or
<br /> § 180 .140 Does an exclusion under the you have the responsibilities laid out in
<br /> nonprocurement system effect a person' s subpart C of this part. Those include similar instrument issued as a means to
<br /> eligibility for Federal procurement responsibilities to the person or Federal regulate public health , safety or the
<br /> contracts? agency at the next higher tier from environment , unless a Federal agency
<br /> If any Federal agency excludes a whom you received the transaction , if specifically designates it to be a covered
<br /> person under Executive Order 12549 or any , They also include responsibilities transaction.
<br /> Executive Order 12689 , on or after if you subsequently enter into other (fl An incidental benefit that results
<br /> August 25 , : 995 , the excluded person is covered transactions with persons at the from ordinary governmental operations ,
<br /> also ineligible for Federal procurement (g) Any other transaction if—
<br /> next lower tier.transactions under the FAR. Therefore ; ( 1 ) The application of an exclusion to
<br /> texclusion under this art has (b) As a Federal official who enters the transaction is prohibited by law; or
<br /> an P into s primary tier transaction , you have ( 2 ) A Federal agency 's regulation
<br /> reciprocal effect in Federal procurement the responsibilities laid out in subpart D exempts it from coverage under this
<br /> transactions , of this part.
<br /> ( c) As an excluded person , you may part,
<br /> § decal 5 Does an t cystexcluion under the not be a participant or principal in the 180.220 Are any procurement contracts
<br /> Federal procurement system affect a p p p §
<br /> person' s eligibility to participate in transaction unless- included as covered transactions?
<br /> nonprocurement transactions ? ( 1 ) The person who entered into the ( a) Covered transactions under this
<br /> If any Federal agency excludes a transaction with you allows you to part—
<br /> W
<br /> person
<br /> ari—
<br /> person under the FAR on or after continue your involvement in a ( 1 ) Do not include any procurement
<br /> August 25 , 1995 , the excluded person is transaction that predates your contracts awarded directly by a Federal
<br /> also ineligible to participate in Federal exclusion , as permitted under § 1. 80 . 310 agency ; but
<br /> agencies ' nonprocurement covered or § 160 .415 ; or ( 2 ) Do include some procurement
<br /> transactions . Therefore , an exclusion ( 2 ) A Federal agency official obtains contracts awarded by non-Federal
<br /> under the FAR has reciprocal effect in an exception from the agency head or participants in nonprocurement covered
<br /> Federal nonprocurement transactions . designee to allow you to be involved in transactions .
<br /> the transaction , as permitted under (b ) Specifically , a contract for goods
<br /> § 180,150 Against whom may a Federal § 180 , 1351 or services is a covered transaction if
<br /> agency take an exclusion action? any of the following applies :
<br /> § 180.210 Which nonprocurement
<br /> Given a cause that justifies an transactions are covered transactions? ( 1 ) The contract is awarded by a
<br /> exclusion under this part, a Federal participant in a nonprocurement
<br /> agency may exclude any person who All nonprocurement transactions , as transaction that is covered under
<br /> defined in § 180 . 970 , are covered
<br /> has been , is , or may reasonably he
<br /> 180 . 2 ] U , and the amount of the
<br /> transactions unless listed in the contract is expected to equal or exceed
<br /> expected be a participant or principal exemptions under § 180 . 215 . p
<br /> in a covered transaction. X25 .000 .
<br /> § 180216 Which nonprocurement (2 ) The contract requires the consent
<br /> § 180,155 How do I know if a person is transactions are not covered transactions? of an official of a Federal agency , In that
<br /> excluded? The following types of case , the contract. regardless of the
<br /> Check the Governmentwide Excluded nonprocurement transactions are not amount, always is a covered transaction ,
<br /> Parties List Svstem (EPLS) to determine and it does not matter who awarded it
<br /> whether a person is excluded. The covered transactions:
<br /> General Services Administration ( GSA) ( a) A direct award to— For example , it could be a subcontract
<br /> maintains the EPLS and makes it ( 1 ) A foreign government or foreign awarded by a contractor at a tier below
<br /> governmental entity ; a nonprocurement transaction , as shown
<br /> available . as detailed in Subpart E o£ ( 2 ) A public international in the appendix to this part.
<br /> this part, When a Federal agency takes organization ; ( 3) The contract is for Federally-
<br /> an action to exclude a person under the ( 3 ) An entity owned ( in whole or in required audit services .
<br /> nonprocurement or procurement part) or controlled by a foreign ( c} A subcontract also is a covered
<br /> debarment and suspension system , the government ; or transaction if,-
<br /> agency enters the information about the (4) Any other entity consisting wholly (1 ) It is awarded by a participant in a
<br /> excluded person into the EPLS . or partially of one or more foreign procurement transaction under a
<br />
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