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e-CFR data is current as of September 24, 2020

Title 5Chapter ISubchapter BPart 919 → Subpart D


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


Subpart D—Responsibilities of OPM Officials Regarding Transactions


Contents
§919.400   May I enter into a transaction with an excluded or disqualified person?
§919.405   May I enter into a covered transaction with a participant if a principal of the transaction is excluded?
§919.410   May I approve a participant's use of the services of an excluded person?
§919.415   What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction?
§919.420   May I approve a transaction with an excluded or disqualified person at a lower tier?
§919.425   When do I check to see if a person is excluded or disqualified?
§919.430   How do I check to see if a person is excluded or disqualified?
§919.435   What must I require of a primary tier participant?
§919.440   What method do I use to communicate those requirements to participants?
§919.445   What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person?
§919.450   What action may I take if a primary tier participant fails to disclose the information required under §919.335?
§919.455   What may I do if a lower tier participant fails to disclose the information required under §919.355 to the next higher tier?

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§919.400   May I enter into a transaction with an excluded or disqualified person?

(a) You as an agency official may not enter into a covered transaction with an excluded person unless you obtain an exception under §919.120.

(b) You may not enter into any transaction with a person who is disqualified from that transaction, unless you obtain a waiver or exception under the statute, Executive order, or regulation that is the basis for the person's disqualification.

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§919.405   May I enter into a covered transaction with a participant if a principal of the transaction is excluded?

As an agency official, you may not enter into a covered transaction with a participant if you know that a principal of the transaction is excluded, unless you obtain an exception under §919.120.

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§919.410   May I approve a participant's use of the services of an excluded person?

After entering into a covered transaction with a participant, you as an agency official may not approve a participant's use of an excluded person as a principal under that transaction, unless you obtain an exception under §919.120.

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§919.415   What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction?

(a) You as an agency official may continue covered transactions with an excluded person, or under which an excluded person is a principal, if the transactions were in existence when the person was excluded. You are not required to continue the transactions, however, and you may consider termination. You should make a decision about whether to terminate and the type of termination action, if any, only after a thorough review to ensure that the action is proper.

(b) You may not renew or extend covered transactions (other than no-cost time extensions) with any excluded person, or under which an excluded person is a principal, unless you obtain an exception under §919.120.

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§919.420   May I approve a transaction with an excluded or disqualified person at a lower tier?

If a transaction at a lower tier is subject to your approval, you as an agency official may not approve—

(a) A covered transaction with a person who is currently excluded, unless you obtain an exception under §919.120; or

(b) A transaction with a person who is disqualified from that transaction, unless you obtain a waiver or exception under the statute, Executive order, or regulation that is the basis for the person's disqualification.

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§919.425   When do I check to see if a person is excluded or disqualified?

As an agency official, you must check to see if a person is excluded or disqualified before you—

(a) Enter into a primary tier covered transaction;

(b) Approve a principal in a primary tier covered transaction;

(c) Approve a lower tier participant if agency approval of the lower tier participant is required; or

(d) Approve a principal in connection with a lower tier transaction if agency approval of the principal is required.

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§919.430   How do I check to see if a person is excluded or disqualified?

You check to see if a person is excluded or disqualified in two ways:

(a) You as an agency official must check the EPLS when you take any action listed in §919.425.

(b) You must review information that a participant gives you, as required by §919.335, about its status or the status of the principals of a transaction.

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§919.435   What must I require of a primary tier participant?

You as an agency official must require each participant in a primary tier covered transaction to—

(a) Comply with subpart C of this part as a condition of participation in the transaction; and

(b) Communicate the requirement to comply with Subpart C of this part to persons at the next lower tier with whom the primary tier participant enters into covered transactions.

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§919.440   What method do I use to communicate those requirements to participants?

To communicate the requirement, you must include a term or condition in the transaction requiring the participants' compliance with subpart C of this part and requiring them to include a similar term or condition in lower-tier covered transactions.

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§919.445   What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person?

If a participant knowingly does business with an excluded or disqualified person, you as an agency official may refer the matter for suspension and debarment consideration. You may also disallow costs, annul or terminate the transaction, issue a stop work order, or take any other appropriate remedy.

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§919.450   What action may I take if a primary tier participant fails to disclose the information required under §919.335?

If you as an agency official determine that a participant failed to disclose information, as required by §919.335, at the time it entered into a covered transaction with you, you 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.

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§919.455   What may I do if a lower tier participant fails to disclose the information required under §919.355 to the next higher tier?

If you as an agency official determine that a lower tier participant failed to disclose information, as required by §919.355, at the time it entered into a covered transaction with a participant at the next higher tier, you may pursue any remedies available to you, including the initiation of a suspension or debarment action.

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