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e-CFR data is current as of January 14, 2021

Title 29Subtitle BChapter XIIPart 1471Subpart C → Subject Group

Title 29: Labor
Subpart C—Responsibilities of Participants Regarding Transactions

Disclosing Information—Primary Tier Participants

§1471.335   What information must I provide before entering into a covered transaction with the Federal Mediation and Conciliation Service?

Before you enter into a covered transaction at the primary tier, you as the participant must notify the FMCS office that is entering into the transaction with you, if you know that you or any of the principals for that covered transaction:

(a) Are presently excluded or disqualified;

(b) Have been convicted within the preceding three years of any of the offenses listed in §1471.800(a) or had a civil judgment rendered against you for one of those offenses within that time period;

(c) Are presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses listed in §1471.800(a); or

(d) Have had one or more public transactions (Federal, State, or local) terminated within the preceding three years for cause or default.

§1471.340   If I disclose unfavorable information required under §1471.335, will I be prevented from participating in the transaction?

As a primary tier participant, your disclosure of unfavorable information about yourself or a principal under §1471.335 will not necessarily cause us to deny your participation in the covered transaction. We will consider the information when we determine whether to enter into the covered transaction. We also will consider any additional information or explanation that you elect to submit with the disclosed information.

§1471.345   What happens if I fail to disclose information required under §1471.335?

If we later determine that you failed to disclose information under §1471.335 that you knew at the time you entered into the covered transaction, we may—

(a) Terminate the transaction for material failure to comply with the terms and conditions of the transaction; or

(b) Pursue any other available remedies, including suspension and debarment.

§1471.350   What must I do if I learn of information required under §1471.335 after entering into a covered transaction with the Federal Mediation and Conciliation Service?

At any time after you enter into a covered transaction, you must give immediate written notice to the FMCS office with which you entered into the transaction if you learn either that—

(a) You failed to disclose information earlier, as required by §1471.335; or

(b) Due to changed circumstances, you or any of the principals for the transaction now meet any of the criteria in §1471.335.

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