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e-CFR data is current as of November 25, 2020

Title 5Chapter ISubchapter BPart 919 → Subpart A


Title 5: Administrative Personnel
PART 919—GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)


Subpart A—General


Contents
§919.100   What does this part do?
§919.105   Does this part apply to me?
§919.110   What is the purpose of the nonprocurement debarment and suspension system?
§919.115   How does an exclusion restrict a person's involvement in covered transactions?
§919.120   May we grant an exception to let an excluded person participate in a covered transaction?
§919.125   Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts?
§919.130   Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions?
§919.135   May the OPM exclude a person who is not currently participating in a nonprocurement transaction?
§919.140   How do I know if a person is excluded?
§919.145   Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions?

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§919.100   What does this part do?

This part adopts a governmentwide system of debarment and suspension for OPM nonprocurement activities. It also provides for reciprocal exclusion of persons who have been excluded under the Federal Acquisition Regulation, and provides for the consolidated listing of all persons who are excluded, or disqualified by statute, executive order, or other legal authority. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR 1989 Comp., p. 235) and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327).

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§919.105   Does this part apply to me?

Portions of this part (see table at §919.25(b)) apply to you if you are a(n)—

(a) Person who has been, is, or may reasonably be expected to be, a participant or principal in a covered transaction;

(b) Respondent (a person against whom the OPM has initiated a debarment or suspension action);

(c) OPM debarring or suspending official; or

(d) OPM official who is authorized to enter into covered transactions with non-Federal parties.

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§919.110   What is the purpose of the nonprocurement debarment and suspension system?

(a) To protect the public interest, the Federal Government ensures the integrity of Federal programs by conducting business only with responsible persons.

(b) A Federal agency uses the nonprocurement debarment and suspension system to exclude from Federal programs persons who are not presently responsible.

(c) An exclusion is a serious action that a Federal agency may take only to protect the public interest. A Federal agency may not exclude a person or commodity for the purposes of punishment.

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§919.115   How does an exclusion restrict a person's involvement in covered transactions?

With the exceptions stated in §§919.120, 919.315, and 919.420, a person who is excluded by the OPM or any other Federal agency may not:

(a) Be a participant in a(n) OPM transaction that is a covered transaction under subpart B of this part;

(b) Be a participant in a transaction of any other Federal agency that is a covered transaction under that agency's regulation for debarment and suspension; or

(c) Act as a principal of a person participating in one of those covered transactions.

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§919.120   May we grant an exception to let an excluded person participate in a covered transaction?

(a) The Debarring Official may grant an exception permitting an excluded person to participate in a particular covered transaction. If the Debarring Official grants an exception, the exception must be in writing and state the reason(s) for deviating from the governmentwide policy in Executive Order 12549.

(b) An exception granted by one agency for an excluded person does not extend to the covered transactions of another agency.

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§919.125   Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts?

If any Federal agency excludes a person under its nonprocurement common rule on or after August 25, 1995, the excluded person is also ineligible to participate in Federal procurement transactions under the FAR. Therefore, an exclusion under this part has reciprocal effect in Federal procurement transactions.

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§919.130   Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions?

If any Federal agency excludes a person under the FAR on or after August 25, 1995, the excluded person is also ineligible to participate in nonprocurement covered transactions under this part. Therefore, an exclusion under the FAR has reciprocal effect in Federal nonprocurement transactions.

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§919.135   May the OPM exclude a person who is not currently participating in a nonprocurement transaction?

Given a cause that justifies an exclusion under this part, we may exclude any person who has been involved, is currently involved, or may reasonably be expected to be involved in a covered transaction.

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§919.140   How do I know if a person is excluded?

Check the Excluded Parties List System (EPLS) to determine whether a person is excluded. The General Services Administration (GSA) maintains the EPLS and makes it available, as detailed in subpart E of this part. When a Federal agency takes an action to exclude a person under the nonprocurement or procurement debarment and suspension system, the agency enters the information about the excluded person into the EPLS.

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§919.145   Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions?

Except if provided for in Subpart J of this part, this part—

(a) Addresses disqualified persons only to—

(1) Provide for their inclusion in the EPLS; and

(2) State responsibilities of Federal agencies and participants to check for disqualified persons before entering into covered transactions.

(b) Does not specify the—

(1) OPM transactions for which a disqualified person is ineligible. Those transactions vary on a case-by-case basis, because they depend on the language of the specific statute, Executive order, or regulation that caused the disqualification;

(2) Entities to which the disqualification applies; or

(3) Process that the agency uses to disqualify a person. Unlike exclusion, disqualification is frequently not a discretionary action that a Federal agency takes.

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