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51870 Federal Register / Vol. 70 , No . 168 / Wednesday , August 31 , 2005 / Rules and Regulations nonprocurement transaction. of a terminate and the type of termination transaction requires you to use specific Federal agency that extends the action , if any , only after a thorough methods, coverage of paragraph (b)(1) of this review to ensure that the action is (b) Pass the requirement comply section. to any additional tier of proper and appropriate . with this subpart to each peerr son with nd whom the participant enters into e. contracts (see the diagram in the (h) You may not renew or exte appendix to this part showing that covered transactions (other than no-cast covered transaction at the next lower Optional lower tier coverage) ; and time extensions) with any excluded tier . ( 2) The value of the subcontract person , unless the Federal agency Disclosing Information—Primary Tier exceeds or is expected to exceed responsible for the transaction grants an participants 525 ,0004 exception under § 180 . 135 . § 180.335 What information must I provide § 180.225 How do I know if a transaction § 180 .315 May I use the services of an before entering into a covered transaction in which I may participate is a covered excluded person as a principal under a with a Federal agency? transaction? covered transaction? Before you enter into a covered. As a participant in a transaction , YOU ( a) You as a participant may continue transaction at the primary tier , you as will know that it is a covered. to use the services of an excluded the participant must notify the Federal transaction because the Federal agency person as a principal under a covered agency office that is entering into the regulations governing the transaction , transaction if you were using the transaction with you , if you know that . the appropriate Federal agency official services of that person in the transaction you or any of the principals for that or participant at the next higher tier before the person was excluded . covered transaction : who enters into the transaction with However , you are not required to ( a) Are presently excluded or vou , will tell you that you must comply continue using that person' s services as disqualified; with applicable portions of this part. a principal. You should make a decision (b) Have been convicted within the about whether to discontinue that preceding three years of any of the Subpart G—Responsibilities ofperson' s services only after a thorough offenses listed in § 180 . 800 ( a) or had a Participants Regarding Transactions review to ensure that the action is civil judgment rendered against you for Doing Business With Other Persons proper and appropriate . one of those offenses within that time § 180 .300 What must i do before I enter (b) You may not begin to use the period; into a covered transaction with another services of an excluded person as a ( c) Are presently indicted for or person at the next lower tier + principal under a covered transaction otherwise criminally or civilly charged When vou enter into a covered unless the Federal agency responsible by a governmental entity (Federal , State transaction with another person at the for the transaction grants an exception or local) with commission of any of the under § 180 . 135 . offenses listed in § 180 . 800 ( a) ; or next lower tier, you must verify that the ( d) Have had one or more public person with whom you intend to do § 180 ,320 Must I verity that principals of transactions (Federal , State , or local) business is not excluded or disqualified. my covered transactions are eligible to terminated within the preceding three You do this by : participate? years for cause or default. ( a) Checking the EPLS ; or Yes , you as a participant are (b ) Collecting a certification from that responsible for determining whether § 180340 if I disclose unfavorable person if allowed by the Federal agency any of your principals of your covered information required under § 180.335 , will I responsible for the transaction; or tr prevented from participating in the (c) Adding a clause or condition to the transactions is excluded or disqualified transaction? covered transaction with that person. from participating in the transaction. As a primary tier participant, your You may decide the method and disclosure of unfavorable information § 180 .305 May { enter into a covered frequency by which you do so . You about yourself or a principal under transaction with an excluded or disqualified may , but you are not required to , check § 180 . 335 will not necessarily cause a person? the EPLS . Federal agency to deny your (a) You as a, participant may not enter into a covered transaction with an § 160.325 What happens III do business participation in the covered transaction , with an excluded person in a covered The agency will consider the excluded person , unless the Federal transaction? information when it determines whether agency responsible for the transaction If as a participant you knowingly do to enter into the covered transaction. grants an exception under § 180 . 135 . ('o) You may not enter into any business with an excluded person , the The agency will also consider any transaction with a person who is Federal agency responsible for your additional information or explanation disqualified from that transaction, transaction may disallow costs , annul or that you elect to submit with the terminate the transaction , issue a stop disclosed informationi unless you have obtained an exception or suspend you , or § 180 ,345 What happens if I fail to disclose under the disqualifying statute , work order , debar. take other remedies as appropriate . Executive order , or regulation , information required under § 180.335? § 180310 What must I do it a Federal § '180 .330 What requirements must I pass If a Federal agency later determines agency excludes a person with whom I am down to persons at lower tiers with whom that you failed to disclose information already doing business In a covered I intend to do business? under § 180 . 335 that you knew at the transaction ? Before entering into a covered time you entered into the covered (a) You as a participant may continue transaction with a participant at the transaction , the agency may— covered transactions with an excluded next lower tier , you must require that (a) Terminate the transaction for person if the transactions were in participant to— material failure to comply with the existence when the agency excluded the (a) Comply with this subpart as a terms and conditions of the transaction person. However , you are not required condition of participation in the or to continue the transactions , and you transaction. You may do so using any (b) Pursue any other available may consider termination . You should method(s) , unless the regulation of the remedies , including suspension and make a decision about whether to Federal agency responsible for the debarment.