![]() |
Code of Federal Regulations (Last Updated: July 5, 2024) |
![]() |
Title 38 - Pensions, Bonuses, and Veterans' Relief |
![]() |
Chapter I - Department of Veterans Affairs |
![]() |
Part 44 - GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) |
§ 44.25 - How is this part organized? |
§ 44.50 - How is this part written? |
§ 44.75 - Do terms in this part have special meanings? |
Subpart A - General |
§ 44.100 - What does this part do? |
§ 44.105 - Does this part apply to me? |
§ 44.110 - What is the purpose of the nonprocurement debarment and suspension system? |
§ 44.115 - How does an exclusion restrict a person's involvement in covered transactions? |
§ 44.120 - May we grant an exception to let an excluded person participate in a covered transaction? |
§ 44.125 - Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts? |
§ 44.130 - Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions? |
§ 44.135 - May the Department of Veterans Affairs exclude a person who is not currently participating in a nonprocurement transaction? |
§ 44.140 - How do I know if a person is excluded? |
§ 44.145 - Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions? |
Subpart B - Covered Transactions |
§ 44.200 - What is a covered transaction? |
§ 44.205 - Why is it important if a particular transaction is a covered transaction? |
§ 44.210 - Which nonprocurement transactions are covered transactions? |
§ 44.215 - Which nonprocurement transactions are not covered transactions? |
§ 44.220 - Are any procurement contracts included as covered transactions? |
§ 44.225 - How do I know if a transaction in which I may participate is a covered transaction? |
Subpart C - Responsibilities of Participants Regarding Transactions |
§ 44.300 - What must I do before I enter into a covered transaction with another person at the next lower tier? |
§ 44.305 - May I enter into a covered transaction with an excluded or disqualified person? |
§ 44.310 - What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction? |
§ 44.311 - Investigation and referral. |
§ 44.312 - Notice of proposed debarment. |
§ 44.313 - Opportunity to contest proposed debarment. |
§ 44.314 - Debarring official's decision. |
§ 44.315 - May I use the services of an excluded person as a principal under a covered transaction? |
§ 44.320 - Must I verify that principals of my covered transactions are eligible to participate? |
§ 44.325 - What happens if I do business with an excluded person in a covered transaction? |
§ 44.330 - What requirements must I pass down to persons at lower tiers with whom I intend to do business? |
§ 44.335 - What information must I provide before entering into a covered transaction with the Department of Veterans Affairs? |
§ 44.340 - If I disclose unfavorable information required under 44.335, will I be prevented from participating in the transaction? |
§ 44.345 - What happens if I fail to disclose information required under 44.335? |
§ 44.350 - What must I do if I learn of information required under 44.335 after entering into a covered transaction with the Department of Veterans Affairs? |
§ 44.355 - What information must I provide to a higher tier participant before entering into a covered transaction with that participant? |
§ 44.360 - What happens if I fail to disclose the information required under 44.355? |
§ 44.365 - What must I do if I learn of information required under 44.355 after entering into a covered transaction with a higher tier participant? |
Subpart D - Responsibilities of Department of Veterans Affairs Officials Regarding Transactions |
§ 44.400 - May I enter into a transaction with an excluded or disqualified person? |
§ 44.405 - May I enter into a covered transaction with a participant if a principal of the transaction is excluded? |
§ 44.410 - May I approve a participant's use of the services of an excluded person? |
§ 44.411 - Notice of suspension. |
§ 44.412 - Opportunity to contest suspension. |
§ 44.413 - Suspending official's decision. |
§ 44.415 - What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction? |
§ 44.420 - May I approve a transaction with an excluded or disqualified person at a lower tier? |
§ 44.425 - When do I check to see if a person is excluded or disqualified? |
§ 44.430 - How do I check to see if a person is excluded or disqualified? |
§ 44.435 - What must I require of a primary tier participant? |
§ 44.440 - What method do I use to communicate those requirements to participants? |
§ 44.445 - What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person? |
§ 44.450 - What action may I take if a primary tier participant fails to disclose the information required under 44.335? |
§ 44.455 - What may I do if a lower tier participant fails to disclose the information required under 44.355 to the next higher tier? |
Subpart E - Excluded Parties List System |
§ 44.500 - What is the purpose of the Excluded Parties List System (EPLS)? |
§ 44.505 - Who uses the EPLS? |
§ 44.510 - Who maintains the EPLS? |
§ 44.515 - What specific information is in the EPLS? |
§ 44.520 - Who places the information into the EPLS? |
§ 44.525 - Whom do I ask if I have questions about a person in the EPLS? |
§ 44.530 - Where can I find the EPLS? |
Subpart F - General Principles Relating to Suspension and Debarment Actions |
§ 44.600 - How do suspension and debarment actions start? |
§ 44.605 - How does suspension differ from debarment? |
§ 44.610 - What procedures does the Department of Veterans Affairs use in suspension and debarment actions? |
§ 44.615 - How does the Department of Veterans Affairs notify a person of a suspension or debarment action? |
§ 44.620 - Do Federal agencies coordinate suspension and debarment actions? |
§ 44.625 - What is the scope of a suspension or debarment? |
§ 44.630 - May the Department of Veterans Affairs impute conduct of one person to another? |
§ 44.635 - May the Department of Veterans Affairs settle a debarment or suspension action? |
§ 44.640 - May a settlement include a voluntary exclusion? |
§ 44.645 - Do other Federal agencies know if the Department of Veterans Affairs agrees to a voluntary exclusion? |
Subpart G - Suspension |
§ 44.700 - When may the suspending official issue a suspension? |
§ 44.705 - What does the suspending official consider in issuing a suspension? |
§ 44.710 - When does a suspension take effect? |
§ 44.711 - Notice. |
§ 44.712 - Conference. |
§ 44.713 - Appeal. |
§ 44.715 - What notice does the suspending official give me if I am suspended? |
§ 44.720 - How may I contest a suspension? |
§ 44.725 - How much time do I have to contest a suspension? |
§ 44.730 - What information must I provide to the suspending official if I contest a suspension? |
§ 44.735 - Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based? |
§ 44.740 - Are suspension proceedings formal? |
§ 44.745 - How is fact-finding conducted? |
§ 44.750 - What does the suspending official consider in deciding whether to continue or terminate my suspension? |
§ 44.755 - When will I know whether the suspension is continued or terminated? |
§ 44.760 - How long may my suspension last? |
Appendix A to Part 44 - Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions |
Appendix B to Part 44 - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions |
Appendix C to Part 44 - Certification Regarding Drug-Free Workplace Requirements |
Subpart H - Debarment |
§ 44.800 - What are the causes for debarment? |
§ 44.805 - What notice does the debarring official give me if I am proposed for debarment? |
§ 44.810 - When does a debarment take effect? |
§ 44.815 - How may I contest a proposed debarment? |
§ 44.820 - How much time do I have to contest a proposed debarment? |
§ 44.825 - What information must I provide to the debarring official if I contest a proposed debarment? |
§ 44.830 - Under what conditions do I get an additional opportunity to challenge the facts on which a proposed debarment is based? |
§ 44.835 - Are debarment proceedings formal? |
§ 44.840 - How is fact-finding conducted? |
§ 44.845 - What does the debarring official consider in deciding whether to debar me? |
§ 44.850 - What is the standard of proof in a debarment action? |
§ 44.855 - Who has the burden of proof in a debarment action? |
§ 44.860 - What factors may influence the debarring official's decision? |
§ 44.865 - How long may my debarment last? |
§ 44.870 - When do I know if the debarring official debars me? |
§ 44.875 - May I ask the debarring official to reconsider a decision to debar me? |
§ 44.880 - What factors may influence the debarring official during reconsideration? |
§ 44.885 - May the debarring official extend a debarment? |
Subpart I - Definitions |
§ 44.900 - Adequate evidence. |
§ 44.905 - Affiliate. |
§ 44.910 - Agency. |
§ 44.915 - Agent or representative. |
§ 44.920 - Civil judgment. |
§ 44.925 - Conviction. |
§ 44.930 - Debarment. |
§ 44.935 - Debarring official. |
§ 44.940 - Disqualified. |
§ 44.945 - Excluded or exclusion. |
§ 44.950 - Excluded Parties List System |
§ 44.955 - Indictment. |
§ 44.960 - Ineligible or ineligibility. |
§ 44.965 - Legal proceedings. |
§ 44.970 - Nonprocurement transaction. |
§ 44.975 - Notice. |
§ 44.980 - Participant. |
§ 44.985 - Person. |
§ 44.990 - Preponderance of the evidence. |
§ 44.995 - Principal. |
§ 44.1000 - Respondent. |
§ 44.1005 - State. |
§ 44.1010 - Suspending official. |
§ 44.1015 - Suspension. |
§ 44.1020 - Voluntary exclusion or voluntarily excluded. |
Subpart J - Limited Denial of Participation |
§ 44.1100 - General. |
§ 44.1105 - Cause for a limited denial of participation. |
§ 44.1110 - Scope and period of a limited denial of participation. |
§ 44.1111 - Notice. |
§ 44.1112 - Conference. |
§ 44.1113 - Appeal. |
Appendix to Part 44 - Covered Transactions |