36 C.F.R. PART 1209--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)


TITLE 36--Parks, Forests, and Public Property

CHAPTER XII--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

SUBCHAPTER A--GENERAL RULES

PART 1209--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

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�1209.25
How is this part organized?
�1209.50
How is this part written?
�1209.75
Do terms in this part have special meanings?

Subpart A--GENERAL

�1209.100
What does this part do?
�1209.105
Does this part apply to me?
�1209.110
What is the purpose of the nonprocurement debarment and suspension system?
�1209.115
How does an exclusion restrict a person's involvement in covered transactions?
�1209.120
May we grant an exception to let an excluded person participate in a covered transaction?
�1209.125
Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts?
�1209.130
Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions?
�1209.135
May the NARA exclude a person who is not currently participating in a nonprocurement transaction?
�1209.140
How do I know if a person is excluded?
�1209.145
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

�1209.200
What is a covered transaction?
�1209.205
Why is it important if a particular transaction is a covered transaction?
�1209.210
Which nonprocurement transactions are covered transactions?
�1209.215
Which nonprocurement transactions are not covered transactions?
�1209.220
Are any procurement contracts included as covered transactions?
�1209.225
How do I know if a transaction in which I may participate is a covered transaction?
rule

Subpart C--RESPONSIBILITIES OF PARTICIPANTS REGARDING TRANSACTIONS

�1209.300
What must I do before I enter into a covered transaction with another person at the next lower tier?
�1209.305
May I enter into a covered transaction with an excluded or disqualified person?
�1209.310
What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction?
�1209.315
May I use the services of an excluded person as a principal under a covered transaction?
�1209.320
Must I verify that principals of my covered transactions are eligible to participate?
�1209.325
What happens if I do business with an excluded person in a covered transaction?
�1209.330
What requirements must I pass down to persons at lower tiers with whom I intend to do business?
�1209.335
What information must I provide before entering into a covered transaction with the NARA?
�1209.340
If I disclose unfavorable information required under 1209.335, will I be prevented from participating in the transaction?
�1209.345
What happens if I fail to disclose information required under 1209.335?
�1209.350
What must I do if I learn of information required under 1209.335 after entering into a covered transaction with the NARA?
�1209.355
What information must I provide to a higher tier participant before entering into a covered transaction with that participant?
�1209.360
What happens if I fail to disclose the information required under 1209.355?
�1209.365
What must I do if I learn of information required under 1209.355 after entering into a covered transaction with a higher tier participant?
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Subpart D--RESPONSIBILITIES OF NARA OFFICIALS REGARDING TRANSACTIONS

�1209.400
May I enter into a transaction with an excluded or disqualified person?
�1209.405
May I enter into a covered transaction with a participant if a principal of the transaction is excluded?
�1209.410
May I approve a participant's use of the services of an excluded person?
�1209.415
What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction?
�1209.420
May I approve a transaction with an excluded or disqualified person at a lower tier?
�1209.425
When do I check to see if a person is excluded or disqualified?
�1209.430
How do I check to see if a person is excluded or disqualified?
�1209.435
What must I require of a primary tier participant?
�1209.440
What method do I use to communicate those requirements to participants?
�1209.445
What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person?
�1209.450
What action may I take if a primary tier participant fails to disclose the information required under 1209.335?
�1209.455
What may I do if a lower tier participant fails to disclose the information required under 1209.355 to the next higher tier?
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Subpart E--EXCLUDED PARTIES LIST SYSTEM

�1209.500
What is the purpose of the Excluded Parties List System (EPLS)?
�1209.505
Who uses the EPLS?
�1209.510
Who maintains the EPLS?
�1209.515
What specific information is in the EPLS?
�1209.520
Who places the information into the EPLS?
�1209.525
Whom do I ask if I have questions about a person in the EPLS?
�1209.530
Where can I find the EPLS?
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Subpart F--GENERAL PRINCIPLES RELATING TO SUSPENSION AND DEBARMENT ACTIONS

�1209.600
How do suspension and debarment actions start?
�1209.605
How does suspension differ from debarment?
�1209.610
What procedures does the NARA use in suspension and debarment actions?
�1209.615
How does the NARA notify a person of a suspension or debarment action?
�1209.620
Do Federal agencies coordinate suspension and debarment actions?
�1209.625
What is the scope of a suspension or debarment?
�1209.630
May the NARA impute conduct of one person to another?
�1209.635
May the NARA settle a debarment or suspension action?
�1209.640
May a settlement include a voluntary exclusion?
�1209.645
Do other Federal agencies know if the NARA agrees to a voluntary exclusion?
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Subpart G--SUSPENSION

�1209.700
When may the suspending official issue a suspension?
�1209.705
What does the suspending official consider in issuing a suspension?
�1209.710
When does a suspension take effect?
�1209.715
What notice does the suspending official give me if I am suspended?
�1209.720
How may I contest a suspension?
�1209.725
How much time do I have to contest a suspension?
�1209.730
What information must I provide to the suspending official if I contest a suspension?
�1209.735
Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based?
�1209.740
Are suspension proceedings formal?
�1209.745
How is fact-finding conducted?
�1209.750
What does the suspending official consider in deciding whether to continue or terminate my suspension?
�1209.755
When will I know whether the suspension is continued or terminated?
�1209.760
How long may my suspension last?
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Subpart H--DEBARMENT

�1209.800
What are the causes for debarment?
�1209.805
What notice does the debarring official give me if I am proposed for debarment?
�1209.810
When does a debarment take effect?
�1209.815
How may I contest a proposed debarment?
�1209.820
How much time do I have to contest a proposed debarment?
�1209.825
What information must I provide to the debarring official if I contest a proposed debarment?
�1209.830
Under what conditions do I get an additional opportunity to challenge the facts on which a proposed debarment is based?
�1209.835
Are debarment proceedings formal?
�1209.840
How is fact-finding conducted?
�1209.845
What does the debarring official consider in deciding whether to debar me?
�1209.850
What is the standard of proof in a debarment action?
�1209.855
Who has the burden of proof in a debarment action?
�1209.860
What factors may influence the debarring official's decision?
�1209.865
How long may my debarment last?
�1209.870
When do I know if the debarring official debars me?
�1209.875
May I ask the debarring official to reconsider a decision to debar me?
�1209.880
What factors may influence the debarring official during reconsideration?
�1209.885
May the debarring official extend a debarment?
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Subpart I--DEFINITIONS

�1209.900
Adequate evidence.
�1209.905
Affiliate.
�1209.910
Agency.
�1209.915
Agent or representative.
�1209.920
Civil judgment.
�1209.925
Conviction.
�1209.930
Debarment.
�1209.935
Debarring official.
�1209.940
Disqualified.
�1209.945
Excluded or exclusion.
�1209.950
Excluded Parties List System
�1209.955
Indictment.
�1209.960
Ineligible or ineligibility.
�1209.965
Legal proceedings.
�1209.970
Nonprocurement transaction.
�1209.975
Notice.
�1209.980
Participant.
�1209.985
Person.
�1209.990
Preponderance of the evidence.
�1209.995
Principal.
�1209.1000
Respondent.
�1209.1005
State.
�1209.1010
Suspending official.
�1209.1015
Suspension.
�1209.1020
Voluntary exclusion or voluntarily excluded.
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Subpart J--[RESERVED]

Appendix
Appendix to Part 1209--Covered Transactions
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