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Electronic Code of Federal Regulations
(e-CFR)
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e-CFR Data is current as of February 4, 2010
TITLE 40--Protection of Environment
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
SUBCHAPTER B--GRANTS AND OTHER FEDERAL ASSISTANCE
PART 32--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT); AND STATUTORY DISQUALIFICATION UNDER THE CLEAN AIR ACT AND CLEAN WATER ACT
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| How is this part organized? |
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| How is this part written? |
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| Do terms in this part have special meanings? |
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Subpart A--GENERAL
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| Does this part apply to me? |
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| What is the purpose of the nonprocurement debarment and suspension system? |
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| How does an exclusion restrict a person's involvement in covered transactions? |
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| May we grant an exception to let an excluded person participate in a covered transaction? |
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| Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts? |
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| Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions? |
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| May the EPA exclude a person who is not currently participating in a nonprocurement transaction? |
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| How do I know if a person is excluded? |
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| Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions? |
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Subpart B--COVERED TRANSACTIONS
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| What is a covered transaction? |
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| Why is it important if a particular transaction is a covered transaction? |
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| Which nonprocurement transactions are covered transactions? |
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| Which nonprocurement transactions are not covered transactions? |
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| Are any procurement contracts included as covered transactions? |
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| 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
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| What must I do before I enter into a covered transaction with another person at the next lower tier? |
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| May I enter into a covered transaction with an excluded or disqualified person? |
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| What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction? |
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| May I use the services of an excluded person as a principal under a covered transaction? |
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| Must I verify that principals of my covered transactions are eligible to participate? |
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| What happens if I do business with an excluded person in a covered transaction? |
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| What requirements must I pass down to persons at lower tiers with whom I intend to do business? |
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| What information must I provide before entering into a covered transaction with the EPA? |
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| If I disclose unfavorable information required under 32.335, will I be prevented from participating in the transaction? |
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| What happens if I fail to disclose information required under 32.335? |
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| What must I do if I learn of information required under 32.335 after entering into a covered transaction with the EPA? |
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| What information must I provide to a higher tier participant before entering into a covered transaction with that participant? |
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| What happens if I fail to disclose the information required under 32.355? |
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| What must I do if I learn of information required under 32.355 after entering into a covered transaction with a higher tier participant? |
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Subpart D--RESPONSIBILITIES OF EPA OFFICIALS REGARDING TRANSACTIONS
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| May I enter into a transaction with an excluded or disqualified person? |
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| May I enter into a covered transaction with a participant if a principal of the transaction is excluded? |
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| May I approve a participant's use of the services of an excluded person? |
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| What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction? |
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| May I approve a transaction with an excluded or disqualified person at a lower tier? |
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| When do I check to see if a person is excluded or disqualified? |
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| How do I check to see if a person is excluded or disqualified? |
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| What must I require of a primary tier participant? |
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| What method do I use to communicate those requirements to participants? |
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| What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person? |
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| What action may I take if a primary tier participant fails to disclose the information required under 32.335? |
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| What may I do if a lower tier participant fails to disclose the information required under 32.355 to the next higher tier? |
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Subpart E--EXCLUDED PARTIES LIST SYSTEM
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| What is the purpose of the Excluded Parties List System (EPLS)? |
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| What specific information is in the EPLS? |
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| Who places the information into the EPLS? |
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| Whom do I ask if I have questions about a person in the EPLS? |
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| Where can I find the EPLS? |
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Subpart F--GENERAL PRINCIPLES RELATING TO SUSPENSION AND DEBARMENT ACTIONS
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| How do suspension and debarment actions start? |
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| How does suspension differ from debarment? |
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| What procedures does the EPA use in suspension and debarment actions? |
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| How does the EPA notify a person of a suspension or debarment action? |
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| Do Federal agencies coordinate suspension and debarment actions? |
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| What is the scope of a suspension or debarment? |
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| May the EPA impute conduct of one person to another? |
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| May the EPA settle a debarment or suspension action? |
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| May a settlement include a voluntary exclusion? |
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| Do other Federal agencies know if the EPA agrees to a voluntary exclusion? |
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Subpart G--SUSPENSION
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| When may the suspending official issue a suspension? |
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| What does the suspending official consider in issuing a suspension? |
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| When does a suspension take effect? |
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| What notice does the suspending official give me if I am suspended? |
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| How may I contest a suspension? |
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| How much time do I have to contest a suspension? |
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| What information must I provide to the suspending official if I contest a suspension? |
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| Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based? |
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| Are suspension proceedings formal? |
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| How is fact-finding conducted? |
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| What does the suspending official consider in deciding whether to continue or terminate my suspension? |
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| When will I know whether the suspension is continued or terminated? |
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| How long may my suspension last? |
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| How may I appeal my suspension? |
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Subpart H--DEBARMENT
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| What are the causes for debarment? |
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| What notice does the debarring official give me if I am proposed for debarment? |
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| When does a debarment take effect? |
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| How may I contest a proposed debarment? |
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| How much time do I have to contest a proposed debarment? |
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| What information must I provide to the debarring official if I contest a proposed debarment? |
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| Under what conditions do I get an additional opportunity to challenge the facts on which a proposed debarment is based? |
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| Are debarment proceedings formal? |
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| How is fact-finding conducted? |
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| What does the debarring official consider in deciding whether to debar me? |
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| What is the standard of proof in a debarment action? |
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| Who has the burden of proof in a debarment action? |
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| What factors may influence the debarring official's decision? |
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| How long may my debarment last? |
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| When do I know if the debarring official debars me? |
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| May I ask the debarring official to reconsider a decision to debar me? |
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| What factors may influence the debarring official during reconsideration? |
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| May the debarring official extend a debarment? |
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| How may I appeal my debarment? |
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Subpart I--DEFINITIONS
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| Excluded Parties List System |
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| Ineligible or ineligibility. |
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| Nonprocurement transaction. |
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| Preponderance of the evidence. |
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| Voluntary exclusion or voluntarily excluded. |
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Subpart J--STATUTORY DISQUALIFICATION AND REINSTATEMENT UNDER THE CLEAN AIR ACT AND CLEAN WATER ACT
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| What does this subpart do? |
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| Does this subpart apply to me? |
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| How will a CAA or CWA conviction affect my eligibility to participate in Federal contracts, subcontracts, assistance, loans and other benefits? |
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| Can the EPA extend a CAA or CWA disqualification to other facilities? |
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| What is the purpose of CAA or CWA disqualification? |
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| How do award officials and others know if I am disqualified? |
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| How does disqualification under the CAA or CWA differ from a Federal discretionary suspension or debarment action? |
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| Does CAA or CWA disqualification mean that I must remain ineligible? |
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| Can an exception be made to allow me to receive an award even though I may be disqualified? |
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| How will I know if I am disqualified under the CAA or CWA? |
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| What procedures must I follow to have my procurement and nonprocurement eligibility reinstated under the CAA or CWA? |
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| Will anyone else provide information to the EPA debarring official concerning my reinstatement request? |
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| What happens if I disagree with the information provided by others to the EPA debarring official on my reinstatement request? |
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| What will the EPA debarring official consider in making a decision on my reinstatement request? |
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| When will the EPA debarring official make a decision on my reinstatement request? |
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| How will the EPA debarring official notify me of the reinstatement decision? |
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| Can I resolve my eligibility status under terms of an administrative agreement without having to submit a formal reinstatement request? |
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| What are the consequences if I mislead the EPA in seeking reinstatement or fail to comply with my administrative agreement? |
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| How may I appeal a decision denying my request for reinstatement? |
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| If I am reinstated, when will my name be removed from the EPLS? |
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| What definitions apply specifically to actions under this subpart? |
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