45 C.F.R. PART 1169--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
TITLE 45--Public Welfare
SUBTITLE B--REGULATIONS RELATING TO PUBLIC WELFARE
CHAPTER XI--NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
SUBCHAPTER D--NATIONAL ENDOWMENT FOR THE HUMANITIES
PART 1169--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
|
|
| How is this part organized?
|
|
|
|
| How is this part written?
|
|
|
|
| Do terms in this part have special meanings?
|
|
Subpart A--GENERAL
|
|
| Does this part apply to me?
|
|
|
|
| What is the purpose of the nonprocurement debarment and suspension system?
|
|
|
|
| How does an exclusion restrict a person's involvement in covered transactions?
|
|
|
|
| May we grant an exception to let an excluded person participate in a covered transaction?
|
|
|
|
| Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts?
|
|
|
|
| Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions?
|
|
|
|
| May the NEH exclude a person who is not currently participating in a nonprocurement transaction?
|
|
|
|
| How do I know if a person is excluded?
|
|
|
|
| Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions?
|
|
Subpart B--COVERED TRANSACTIONS
|
|
| What is a covered transaction?
|
|
|
|
| Why is it important if a particular transaction is a covered transaction?
|
|
|
|
| Which nonprocurement transactions are covered transactions?
|
|
|
|
| Which nonprocurement transactions are not covered transactions?
|
|
|
|
| Are any procurement contracts included as covered transactions?
|
|
|
|
| How do I know if a transaction in which I may participate is a covered transaction?
|
|
Subpart C--RESPONSIBILITIES OF PARTICIPANTS REGARDING TRANSACTIONS
|
|
| What must I do before I enter into a covered transaction with another person at the next lower tier?
|
|
|
|
| May I enter into a covered transaction with an excluded or disqualified person?
|
|
|
|
| What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction?
|
|
|
|
| May I use the services of an excluded person as a principal under a covered transaction?
|
|
|
|
| Must I verify that principals of my covered transactions are eligible to participate?
|
|
|
|
| What happens if I do business with an excluded person in a covered transaction?
|
|
|
|
| What requirements must I pass down to persons at lower tiers with whom I intend to do business?
|
|
|
|
| What information must I provide before entering into a covered transaction with the NEH?
|
|
|
|
| If I disclose unfavorable information required under 1169.335, will I be prevented from participating in the transaction?
|
|
|
|
| What happens if I fail to disclose information required under 1169.335?
|
|
|
|
| What must I do if I learn of information required under 1169.335 after entering into a covered transaction with the NEH?
|
|
|
|
| What information must I provide to a higher tier participant before entering into a covered transaction with that participant?
|
|
|
|
| What happens if I fail to disclose the information required under 1169.355?
|
|
|
|
| What must I do if I learn of information required under 1169.355 after entering into a covered transaction with a higher tier participant?
|
|
Subpart D--RESPONSIBILITIES OF NEH OFFICIALS REGARDING TRANSACTIONS
|
|
| May I enter into a transaction with an excluded or disqualified person?
|
|
|
|
| May I enter into a covered transaction with a participant if a principal of the transaction is excluded?
|
|
|
|
| May I approve a participant's use of the services of an excluded person?
|
|
|
|
| What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction?
|
|
|
|
| May I approve a transaction with an excluded or disqualified person at a lower tier?
|
|
|
|
| When do I check to see if a person is excluded or disqualified?
|
|
|
|
| How do I check to see if a person is excluded or disqualified?
|
|
|
|
| What must I require of a primary tier participant?
|
|
|
|
| What method do I use to communicate those requirements to participants?
|
|
|
|
| What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person?
|
|
|
|
| What action may I take if a primary tier participant fails to disclose the information required under 1169.335?
|
|
|
|
| What may I do if a lower tier participant fails to disclose the information required under 1169.355 to the next higher tier?
|
|
Subpart E--EXCLUDED PARTIES LIST SYSTEM
|
|
| What is the purpose of the Excluded Parties List System (EPLS)?
|
|
|
|
| What specific information is in the EPLS?
|
|
|
|
| Who places the information into the EPLS?
|
|
|
|
| Whom do I ask if I have questions about a person in the EPLS?
|
|
|
|
| Where can I find the EPLS?
|
|
Subpart F--GENERAL PRINCIPLES RELATING TO SUSPENSION AND DEBARMENT ACTIONS
|
|
| How do suspension and debarment actions start?
|
|
|
|
| How does suspension differ from debarment?
|
|
|
|
| What procedures does the NEH use in suspension and debarment actions?
|
|
|
|
| How does the NEH notify a person of a suspension or debarment action?
|
|
|
|
| Do Federal agencies coordinate suspension and debarment actions?
|
|
|
|
| What is the scope of a suspension or debarment?
|
|
|
|
| May the NEH impute conduct of one person to another?
|
|
|
|
| May the NEH settle a debarment or suspension action?
|
|
|
|
| May a settlement include a voluntary exclusion?
|
|
|
|
| Do other Federal agencies know if the NEH agrees to a voluntary exclusion?
|
|
Subpart G--SUSPENSION
|
|
| When may the suspending official issue a suspension?
|
|
|
|
| What does the suspending official consider in issuing a suspension?
|
|
|
|
| When does a suspension take effect?
|
|
|
|
| What notice does the suspending official give me if I am suspended?
|
|
|
|
| How may I contest a suspension?
|
|
|
|
| How much time do I have to contest a suspension?
|
|
|
|
| What information must I provide to the suspending official if I contest a suspension?
|
|
|
|
| Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based?
|
|
|
|
| Are suspension proceedings formal?
|
|
|
|
| How is fact-finding conducted?
|
|
|
|
| What does the suspending official consider in deciding whether to continue or terminate my suspension?
|
|
|
|
| When will I know whether the suspension is continued or terminated?
|
|
|
|
| How long may my suspension last?
|
|
Subpart H--DEBARMENT
|
|
| What are the causes for debarment?
|
|
|
|
| What notice does the debarring official give me if I am proposed for debarment?
|
|
|
|
| When does a debarment take effect?
|
|
|
|
| How may I contest a proposed debarment?
|
|
|
|
| How much time do I have to contest a proposed debarment?
|
|
|
|
| What information must I provide to the debarring official if I contest a proposed debarment?
|
|
|
|
| Under what conditions do I get an additional opportunity to challenge the facts on which a proposed debarment is based?
|
|
|
|
| Are debarment proceedings formal?
|
|
|
|
| How is fact-finding conducted?
|
|
|
|
| What does the debarring official consider in deciding whether to debar me?
|
|
|
|
| What is the standard of proof in a debarment action?
|
|
|
|
| Who has the burden of proof in a debarment action?
|
|
|
|
| What factors may influence the debarring official's decision?
|
|
|
|
| How long may my debarment last?
|
|
|
|
| When do I know if the debarring official debars me?
|
|
|
|
| May I ask the debarring official to reconsider a decision to debar me?
|
|
|
|
| What factors may influence the debarring official during reconsideration?
|
|
|
|
| May the debarring official extend a debarment?
|
|
Subpart I--DEFINITIONS
|
|
| Excluded Parties List System
|
|
|
|
| Ineligible or ineligibility.
|
|
|
|
| Nonprocurement transaction.
|
|
|
|
| Preponderance of the evidence.
|
|
|
|
| Voluntary exclusion or voluntarily excluded.
|
|
Subpart J--[RESERVED]
