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Federal Register / Vol. 70 , No . 168 / Wednesday , August 31 , 2005 / Rules and Regulations 51871
<br /> § 180.350 What must i do It i learnof disqualified from that transaction, § 180.425 When do I check to see if a
<br /> information required under § 180.335 after unless you obtain a waiver or exception person is excluded or disqualified ?
<br /> entering into a covered transaction with a under the statute , Executive order, or As a Federal agency official , you must
<br /> Federal agency? regulation that is the basis for the check to see if a person is excluded or
<br /> At anv time after you enter into a person' s disqualification . disqualified before you—
<br /> Covered transaction, ,you must give (a) Enter into a primary tier covered
<br /> immediate written notice to the Federal § 180.405 May I enter into a covered transaction ;
<br /> agency office with which you entered transection with a participant If a principal (b ) Approve a principal in a priman'
<br /> into the transaction if you learn either of the transaction is excluded? tier covered transaction ;
<br /> that— As a Federal agency official, you may (c) Approve a lower tier participant if
<br /> ( a , You failed to disclose information not enter into a covered transaction with your agency ' s approval of the lower tier
<br /> garner , as required by § 180 . 335 ; or a participant if you know that a participant is required ; or
<br /> (b) Due to changed circumstances , principal of the transaction is excluded , (d) Approve a principal in connection
<br /> you or any of the principals for the unless you obtain an exception under with a lower tier transaction if vour
<br /> transaction now meet any of the criteria § 280 . 135 . agency ' s approval of the principal is
<br /> in § 180 , 335 . required .
<br /> Disclosing Information—Lower Tier § 180A10 May I approve a participant' s
<br /> use of the services of an excluded person? § 180.430 How do I check to see If a
<br /> Participants person is excluded or disqualified?
<br /> After entering into a covered You check to see if a arson is
<br /> § 180.355 What Information must I provide transaction with a participant, you as a or p
<br /> to a higher tier participant before entering Federal agency official may not rove ex(a) You as a1Federal ageriml official
<br /> ed in two ways :
<br /> Into a covered transaction with that g y Y PP
<br /> participant? a participant ' s use of an excluded must check the EPLS when you take any
<br /> Before you enter into a covered person as a principal under that action listed in § 180 .425 ,
<br /> transaction with a person at the next transaction , unless you obtain an (b ) You must review information that
<br /> higher tier, you as a lower tier exception under § 180 . 135 . a participant gives you , as required by
<br /> participant must notify that person i£' § 180 .415 What must Ido If a Federal § 160 . 335 , about its status or the status
<br /> you know that you or any of the agency excludes the participant or a of the principals of a transaction .
<br /> principals are presently excluded or principal after I enter into a covered § 18DA35 What must I require of a primary
<br /> disqualified . transaction? tier participant?
<br /> § 180.360 What happens If I fail to disclose (a) You as a Federal agency official You as a Federal agency official must
<br /> information required under § 180.355? may continue covered transactions with require each participant in a primary
<br /> If a Federal agency later determines an excivaed person , or under which an tier covered transaction to—
<br /> that you failed to tell the person at the excluded person is a principal , if the (a ) Comply with subpart C of this
<br /> part
<br /> higher tier that you were excluded or transactions were in existence when the as a condition of participation in t'rie
<br /> disqualified at the time you entered into person was excluded . You are not transaction ; and
<br /> the covered transaction with that required to continue the transactions , (b) Communicate the requirement to
<br /> person , the agency may pursue any however , and you mail consider comply with Subpart C of this part to
<br /> available remedies , including termination . You should make a persons at the next lower tier with
<br /> suspension and debarment. decision about whether to terminate and whom the primary tier participant
<br /> the type of termination action , if any , enters into covered transactions .
<br /> 9180.365 What must I do if I ieam of only after a thorough review to ensure
<br /> Information required under § 180.355 afterthat the action is roer . § 180.440 What ection may 1 take If a
<br /> entering Into a covered transaction with a pp . primary tier participant knowingly does
<br /> higher tier participant? (b ) You may not renew or extend business with an excluded or disqualified
<br /> At any time after you enter into a covered transactions (other than no-cost person?
<br /> lower tier covered transaction with a time extensions ) with any excluded If a participant knowingly does
<br /> person at a higher tier , you must person , or under which an excluded business with an excluded or
<br /> provide immediate written notice to that person is a principal , unless you obtain disqualified person , you as a Federal
<br /> person if you learn either that— an exception under § 180 . 1350 agency official may refer the matter for
<br /> (a) You failed to disclose information § 180.42D May I approve a transaction with suspension and deoarment
<br /> earlier , as required by § 180 . 355 ; or consideration. You may also disallow
<br /> an excluded or disqualified person at a
<br /> (b ) Due to changed circumstances , lower tier? costs , annul or terminate the
<br /> you or any of the principals for the transaction, issue a stop work order, or
<br /> transaction now meet any of the criteria if a transaction at a lower tier is take any other appropriate remedy .
<br /> in § 180 . 355 , subject to your approval , you as a
<br /> Federal agency official may not § 180.445 What action may I take it a
<br /> Subpart D- Responsibif fties of Federal approve— primary tier participant fails to disclose the
<br /> Agency Officials Regarding information required under § 180.335?
<br /> (a) A covered transaction with a enc If you as a Federal a official
<br /> Transactions person who is currently excluded , determine
<br /> agency
<br /> determine gnat. a participant failed to
<br /> § 1806400 May I enter into a transaction unless you obtain an exception under disclose information , as required by
<br /> with an excluded or disqualified person ? § 180 .135 ; or § 180 . 335 , at the time it entered into a
<br /> (a) You as a Federal agency official (b) A transaction with a person who covered transaction with you , you
<br /> may not enter into a covered transaction is disqualified from that transaction , mal;—
<br /> with an excluded person unless you unless you obtain a waiver or exception ( a) Terminate the transaction for
<br /> obtain an exception under § 180 . 1356 under the statute , Executive order, or material failure to comply with the
<br /> (b ) You may not enter into any regulation that is the basis for the terms and conditions of the transaction;
<br /> transaction with a person who is person' s disqualification , or
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