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Title 2 Part 180

Title 2 → Subtitle A → Chapter I → Part 180

Electronic Code of Federal Regulations e-CFR

Title 2 Part 180

Title 2Subtitle AChapter IPart 180


TITLE 2—Grants and Agreements

Subtitle A—OFFICE OF MANAGEMENT AND BUDGET GUIDANCE FOR GRANTS AND AGREEMENTS

CHAPTER I—OFFICE OF MANAGEMENT AND BUDGET GOVERNMENTWIDE GUIDANCE FOR GRANTS AND AGREEMENTS

PART 180—OMB GUIDELINES TO AGENCIES ON GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

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§180.5
What does this part do?
§180.10
How is this part organized?
§180.15
To whom does the guidance apply?
§180.20
What must a Federal agency do to implement these guidelines?
§180.25
What must a Federal agency address in its implementation of the guidance?
§180.30
Where does a Federal agency implement these guidelines?
§180.35
By when must a Federal agency implement these guidelines?
§180.40
How are these guidelines maintained?
§180.45
Do these guidelines cover persons who are disqualified, as well as those who are excluded from nonprocurement transactions?

Subpart A—GENERAL

§180.100
How are subparts A through I organized?
§180.105
How is this part written?
§180.110
Do terms in this part have special meanings?
§180.115
What do Subparts A through I of this part do?
§180.120
Do subparts A through I of this part apply to me?
§180.125
What is the purpose of the nonprocurement debarment and suspension system?
§180.130
How does an exclusion restrict a person's involvement in covered transactions?
§180.135
May a Federal agency grant an exception to let an excluded person participate in a covered transaction?
§180.140
Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts?
§180.145
Does an exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions?
§180.150
Against whom may a Federal agency take an exclusion action?
§180.155
How do I know if a person is excluded?
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Subpart B—COVERED TRANSACTIONS

§180.200
What is a covered transaction?
§180.205
Why is it important if a particular transaction is a covered transaction?
§180.210
Which nonprocurement transactions are covered transactions?
§180.215
Which nonprocurement transactions are not covered transactions?
§180.220
Are any procurement contracts included as covered transactions?
§180.225
How do I know if a transaction in which I may participate is a covered transaction?
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Subpart C—RESPONSIBILITIES OF PARTICIPANTS REGARDING TRANSACTIONS DOING BUSINESS WITH OTHER PERSONS

§180.300
What must I do before I enter into a covered transaction with another person at the next lower tier?
§180.305
May I enter into a covered transaction with an excluded or disqualified person?
§180.310
What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction?
§180.315
May I use the services of an excluded person as a principal under a covered transaction?
§180.320
Must I verify that principals of my covered transactions are eligible to participate?
§180.325
What happens if I do business with an excluded person in a covered transaction?
§180.330
What requirements must I pass down to persons at lower tiers with whom I intend to do business?

Disclosing Information—Primary Tier Participants

§180.335
What information must I provide before entering into a covered transaction with a Federal agency?
§180.340
If I disclose unfavorable information required under §180.335, will I be prevented from participating in the transaction?
§180.345
What happens if I fail to disclose information required under §180.335?
§180.350
What must I do if I learn of information required under §180.335 after entering into a covered transaction with a Federal agency?

Disclosing Information—Lower Tier Participants

§180.355
What information must I provide to a higher tier participant before entering into a covered transaction with that participant?
§180.360
What happens if I fail to disclose information required under §180.355?
§180.365
What must I do if I learn of information required under §180.355 after entering into a covered transaction with a higher tier participant?
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Subpart D—RESPONSIBILITIES OF FEDERAL AGENCY OFFICIALS REGARDING TRANSACTIONS

§180.400
May I enter into a transaction with an excluded or disqualified person?
§180.405
May I enter into a covered transaction with a participant if a principal of the transaction is excluded?
§180.410
May I approve a participant's use of the services of an excluded person?
§180.415
What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction?
§180.420
May I approve a transaction with an excluded or disqualified person at a lower tier?
§180.425
When do I check to see if a person is excluded or disqualified?
§180.430
How do I check to see if a person is excluded or disqualified?
§180.435
What must I require of a primary tier participant?
§180.440
What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person?
§180.445
What action may I take if a primary tier participant fails to disclose the information required under §180.335?
§180.450
What action may I take if a lower tier participant fails to disclose the information required under §180.355 to the next higher tier?
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Subpart E— SYSTEM FOR AWARD MANAGEMENT EXCLUSIONS

§180.500
What is the purpose of the System for Award Management Exclusions (SAM Exclusions)?
§180.505
Who uses SAM Exclusions?
§180.510
Who maintains SAM Exclusions?
§180.515
What specific information is in SAM Exclusions?
§180.520
Who places the information into SAM Exclusions?
§180.525
Whom do I ask if I have questions about a person in SAM Exclusions?
§180.530
Where can I find SAM Exclusions?
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Subpart F—GENERAL PRINCIPLES RELATING TO SUSPENSION AND DEBARMENT ACTIONS

§180.600
How do suspension and debarment actions start?
§180.605
How does suspension differ from debarment?
§180.610
What procedures does a Federal agency use in suspension and debarment actions?
§180.615
How does a Federal agency notify a person of a suspension or debarment action?
§180.620
Do Federal agencies coordinate suspension and debarment actions?
§180.625
What is the scope of a suspension or debarment?
§180.630
May a Federal agency impute the conduct of one person to another?
§180.635
May a Federal agency settle a debarment or suspension action?
§180.640
May a settlement include a voluntary exclusion?
§180.645
Do other Federal agencies know if an agency agrees to a voluntary exclusion?
§180.650
May an administrative agreement be the result of a settlement?
§180.655
How will other Federal awarding agencies know about an administrative agreement that is the result of a settlement?
§180.660
Will administrative agreement information about me in the designated integrity and performance system accessible through SAM be corrected or updated?
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Subpart G—SUSPENSION

§180.700
When may the suspending official issue a suspension?
§180.705
What does the suspending official consider in issuing a suspension?
§180.710
When does a suspension take effect?
§180.715
What notice does the suspending official give me if I am suspended?
§180.720
How may I contest a suspension?
§180.725
How much time do I have to contest a suspension?
§180.730
What information must I provide to the suspending official if I contest the suspension?
§180.735
Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based?
§180.740
Are suspension proceedings formal?
§180.745
How is fact-finding conducted?
§180.750
What does the suspending official consider in deciding whether to continue or terminate my suspension?
§180.755
When will I know whether the suspension is continued or terminated?
§180.760
How long may my suspension last?
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Subpart H—DEBARMENT

§180.800
What are the causes for debarment?
§180.805
What notice does the debarring official give me if I am proposed for debarment?
§180.810
When does a debarment take effect?
§180.815
How may I contest a proposed debarment?
§180.820
How much time do I have to contest a proposed debarment?
§180.825
What information must I provide to the debarring official if I contest the proposed debarment?
§180.830
Under what conditions do I get an additional opportunity to challenge the facts on which the proposed debarment is based?
§180.835
Are debarment proceedings formal?
§180.840
How is fact-finding conducted?
§180.845
What does the debarring official consider in deciding whether to debar me?
§180.850
What is the standard of proof in a debarment action?
§180.855
Who has the burden of proof in a debarment action?
§180.860
What factors may influence the debarring official's decision?
§180.865
How long may my debarment last?
§180.870
When do I know if the debarring official debars me?
§180.875
May I ask the debarring official to reconsider a decision to debar me?
§180.880
What factors may influence the debarring official during reconsideration?
§180.885
May the debarring official extend a debarment?
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Subpart I—DEFINITIONS

§180.900
Adequate evidence.
§180.905
Affiliate.
§180.910
Agent or representative.
§180.915
Civil judgment.
§180.920
Conviction.
§180.925
Debarment.
§180.930
Debarring official.
§180.935
Disqualified.
§180.940
Excluded or exclusion.
§180.945
System for Award Management Exclusions (SAM Exclusions).
§180.950
Federal agency.
§180.955
Indictment.
§180.960
Ineligible or ineligibility.
§180.965
Legal proceedings.
§180.970
Nonprocurement transaction.
§180.975
Notice.
§180.980
Participant.
§180.985
Person.
§180.990
Preponderance of the evidence.
§180.995
Principal.
§180.1000
Respondent.
§180.1005
State.
§180.1010
Suspending official.
§180.1015
Suspension.
§180.1020
Voluntary exclusion or voluntarily excluded.
Appendix
Appendix to Part 180—Covered Transactions