§ 180.25 - What must a Federal agency address in its implementation of the guidance?

§ 180.25 What must a Federal agency address in its implementation of the guidance?

Each Federal agency's implementing regulation:

(a) Must establish policies and procedures for that Federal agency's nonprocurement debarment and suspension programs and activities that are consistent with the this guidance. When adopted by a Federal agency, the provisions of the guidance have a regulatory effect for on that Federal agency's programs and activities.

(b) Must address some matters for which these guidelines give each Federal agency some discretion. Specifically, the regulation must—must:

(1) Identify either the Federal agency head or the title of the designated official who is authorized to grant exceptions under § 180.135 to let an excluded person participate in a covered transaction.

(2) State whether the Federal agency includes as covered transactions an additional tier of contracts awarded under covered nonprocurement transactions, as permitted under § 180.220(c).

(3) Identify the method(s) an a Federal agency official may use , when entering into a covered transaction with a primary tier participant , to communicate to the participant the requirements described in § 180.435. Examples of methods are an award term that requires compliance as a condition of the award; , an assurance of compliance obtained at the time of application; , or a certification.

(4) State whether the Federal agency specifies a particular method that participants must use to communicate compliance requirements to lower - tier participants, as described in § 180.330(a). If there is a specified method, the regulation needs to must require Federal agency officials , to communicate that requirement when entering into covered transactions with primary tier participants, to communicate that requirement.

(c) May also, at the Federal agency's option:

(1) Identify any specific types of transactions that the Federal agency includes as “nonprocurement transactions” in addition to the examples provided in § 180.970.

(2) Identify any types of nonprocurement transactions that the Federal agency exempts from coverage under these guidelines, as authorized under § 180.215(g)(2).

(3) Identify specific examples of types of individuals who would be “principals” under the Federal agency's nonprocurement programs and transactions, in addition to the types of individuals described at in § 180.995.

(4) Specify the Federal agency's procedures, if any, by which a respondent may appeal a suspension or debarment decision.

(5) Identify by title the officials designated by the Federal agency head as debarring officials under § 180.930 or suspending officials under § 180.1010.

(6) Include a subpart covering disqualifications, as authorized in § 180.45.

(7) Include any provisions authorized by OMB.

[70 FR 51865, Aug. 31, 2005, as amended at 71 FR 66432, Nov. 15, 2006; 79 FR 75879, Dec. 19, 2014]