22 C.F.R. PART 137--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)


TITLE 22--Foreign Relations

CHAPTER I--DEPARTMENT OF STATE

SUBCHAPTER N--MISCELLANEOUS

PART 137--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

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�137.25
How is this part organized?
�137.50
How is this part written?
�137.75
Do terms in this part have special meanings?

Subpart A--GENERAL

�137.100
What does this part do?
�137.105
Does this part apply to me?
�137.110
What is the purpose of the nonprocurement debarment and suspension system?
�137.115
How does an exclusion restrict a person's involvement in covered transactions?
�137.120
May we grant an exception to let an excluded person participate in a covered transaction?
�137.125
Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts?
�137.130
Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions?
�137.135
May the Department of State exclude a person who is not currently participating in a nonprocurement transaction?
�137.140
How do I know if a person is excluded?
�137.145
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

�137.200
What is a covered transaction?
�137.205
Why is it important to know if a particular transaction is a covered transaction?
�137.210
Which nonprocurement transactions are covered transactions?
�137.215
Which nonprocurement transactions are not covered transactions?
�137.220
Are any procurement contracts included as covered transactions?
�137.225
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

�137.300
What must I do before I enter into a covered transaction with another person at the next lower tier?
�137.305
May I enter into a covered transaction with an excluded or disqualified person?
�137.310
What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction?
�137.315
May I use the services of an excluded person as a principal under a covered transaction?
�137.320
Must I verify that principals of my covered transactions are eligible to participate?
�137.325
What happens if I do business with an excluded person in a covered transaction?
�137.330
What requirements must I pass down to persons at lower tiers with whom I intend to do business?
�137.335
What information must I provide before entering into a covered transaction with the Department of State?
�137.340
If I disclose unfavorable information required under 137.335, will I be prevented from participating in the transaction?
�137.345
What happens if I fail to disclose information required under 137.335?
�137.350
What must I do if I learn of information required under 137.335 after entering into a covered transaction with the Department of State?
�137.355
What information must I provide to a higher tier participant before entering into a covered transaction with that participant?
�137.360
What happens if I fail to disclose the information required under 137.355?
�137.365
What must I do if I learn of information required under 137.355 after entering into a covered transaction with a higher tier participant?
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Subpart D--RESPONSIBILITIES OF DEPARTMENT OF STATE OFFICIALS REGARDING TRANSACTIONS

�137.400
May I enter into a transaction with an excluded or disqualified person?
�137.405
May I enter into a covered transaction with a participant if a principal of the transaction is excluded?
�137.410
May I approve a participant's use of the services of an excluded person?
�137.415
What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction?
�137.420
May I approve a transaction with an excluded or disqualified person at a lower tier?
�137.425
When do I check to see if a person is excluded or disqualified?
�137.430
How do I check to see if a person is excluded or disqualified?
�137.435
What must I require of a primary tier participant?
�137.440
What method do I use to communicate those requirements to participants?
�137.445
What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person?
�137.450
What action may I take if a primary tier participant fails to disclose the information required under 137.335?
�137.455
What may I do if a lower tier participant fails to disclose the information required under 137.355 to the next higher tier?
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Subpart E--EXCLUDED PARTIES LIST SYSTEM

�137.500
What is the purpose of the Excluded Parties List System (EPLS)?
�137.505
Who uses the EPLS?
�137.510
Who maintains the EPLS?
�137.515
What specific information is in the EPLS?
�137.520
Who places the information into the EPLS?
�137.525
Whom do I ask if I have questions about a person in the EPLS?
�137.530
Where can I find the EPLS?
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Subpart F--GENERAL PRINCIPLES RELATING TO SUSPENSION AND DEBARMENT ACTIONS

�137.600
How do suspension and debarment actions start?
�137.605
How does suspension differ from debarment?
�137.610
What procedures does the Department of State use in suspension and debarment actions?
�137.615
How does the Department of State notify a person of a suspension or debarment action?
�137.620
Do Federal agencies coordinate suspension and debarment actions?
�137.625
What is the scope of a suspension or debarment action?
�137.630
May the Department of State impute the conduct of one person to another?
�137.635
May the Department of State settle a debarment or suspension action?
�137.640
May a settlement include a voluntary exclusion?
�137.645
Do other Federal agencies know if the Department of State agrees to a voluntary exclusion?
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Subpart G--SUSPENSION

�137.700
When may the suspending official issue a suspension?
�137.705
What does the suspending official consider in issuing a suspension?
�137.710
When does a suspension take effect?
�137.715
What notice does the suspending official give me if I am suspended?
�137.720
How may I contest a suspension?
�137.725
How much time do I have to contest a suspension?
�137.730
What information must I provide to the suspending official if I contest a suspension?
�137.735
Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based?
�137.740
Are suspension proceedings formal?
�137.745
How is fact-finding conducted?
�137.750
What does the suspending official consider in deciding whether to continue or terminate my suspension?
�137.755
When will I know whether the suspension is continued or terminated?
�137.760
How long may my suspension last?
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Subpart H--DEBARMENT

�137.800
What are the causes for debarment?
�137.805
What notice does the debarring official give me if I am proposed for debarment?
�137.810
When does a debarment take effect?
�137.815
How may I contest a proposed debarment?
�137.820
How much time do I have to contest a proposed debarment?
�137.825
What information must I provide to the debarring official if I contest a proposed debarment?
�137.830
Under what conditions do I get an additional opportunity to challenge the facts on which the proposed debarment is based?
�137.835
Are debarment proceedings formal?
�137.840
How is fact-finding conducted?
�137.845
What does the debarring official consider in deciding whether to debar me?
�137.850
What is the standard of proof in a debarment action?
�137.855
Who has the burden of proof in a debarment action?
�137.860
What factors may influence the debarring official's decision?
�137.865
How long may my debarment last?
�137.870
When do I know if the debarring official debars me?
�137.875
May I ask the debarring official to reconsider a decision to debar me?
�137.880
What factors may influence the debarring official during reconsideration?
�137.885
May the debarring official extend a debarment?
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Subpart I--DEFINITIONS

�137.900
Adequate evidence.
�137.905
Affiliate.
�137.910
Agency.
�137.915
Agent or representative.
�137.920
Civil judgment.
�137.925
Conviction.
�137.930
Debarment.
�137.935
Debarring official.
�137.940
Disqualified.
�137.945
Excluded or exclusion.
�137.950
Excluded Parties List System.
�137.955
Indictment.
�137.960
Ineligible or ineligibility.
�137.965
Legal proceedings.
�137.970
Nonprocurement transaction.
�137.975
Notice.
�137.980
Participant.
�137.985
Person.
�137.990
Preponderance of the evidence.
�137.995
Principal.
�137.1000
Respondent.
�137.1005
State.
�137.1010
Suspending official.
�137.1015
Suspension.
�137.1020
Voluntary exclusion or voluntarily excluded.
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Subpart J--[RESERVED]

Appendix
Appendix to Part 137--Covered Transactions
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