Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 40 - Protection of Environment |
Chapter I - Environmental Protection Agency |
SubChapter B - Grants and Other Federal Assistance |
Part 32 - GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT); AND STATUTORY DISQUALIFICATION UNDER THE CLEAN AIR ACT AND CLEAN WATER ACT |
Part 32 - GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT); AND STATUTORY DISQUALIFICATION UNDER THE CLEAN AIR ACT AND CLEAN WATER ACT
§ 32.25 - How is this part organized? |
§ 32.50 - How is this part written? |
§ 32.75 - Do terms in this part have special meanings? |
Subpart A - General |
§ 32.100 - What does this part do? |
§ 32.105 - Does this part apply to me? |
§ 32.110 - What is the purpose of the nonprocurement debarment and suspension system? |
§ 32.115 - How does an exclusion restrict a person's involvement in covered transactions? |
§ 32.120 - May we grant an exception to let an excluded person participate in a covered transaction? |
§ 32.125 - Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts? |
§ 32.130 - Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions? |
§ 32.135 - May the EPA exclude a person who is not currently participating in a nonprocurement transaction? |
§ 32.140 - How do I know if a person is excluded? |
§ 32.145 - Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions? |
Subpart B - Covered Transactions |
§ 32.200 - What is a covered transaction? |
§ 32.205 - Why is it important if a particular transaction is a covered transaction? |
§ 32.210 - Which nonprocurement transactions are covered transactions? |
§ 32.215 - Which nonprocurement transactions are not covered transactions? |
§ 32.220 - Are any procurement contracts included as covered transactions? |
§ 32.225 - How do I know if a transaction in which I may participate is a covered transaction? |
Subpart C - Responsibilities of Participants Regarding Transactions |
§ 32.311 - Investigation and referral. |
§ 32.312 - Notice of proposed debarment. |
§ 32.313 - Opportunity to contest proposed debarment. |
§ 32.314 - Debarring official's decision. |
§ 32.321 - Reinstatement of facility eligibility. |
Disclosing Information—Primary Tier Participants |
§ 32.335 - What information must I provide before entering into a covered transaction with the EPA? |
§ 32.340 - If I disclose unfavorable information required under 32.335, will I be prevented from participating in the transaction? |
§ 32.345 - What happens if I fail to disclose information required under 32.335? |
§ 32.350 - What must I do if I learn of information required under 32.335 after entering into a covered transaction with the EPA? |
Disclosing Information—Lower Tier Participants |
§ 32.355 - What information must I provide to a higher tier participant before entering into a covered transaction with that participant? |
§ 32.360 - What happens if I fail to disclose the information required under 32.355? |
§ 32.365 - What must I do if I learn of information required under 32.355 after entering into a covered transaction with a higher tier participant? |
Doing Business With Other Persons |
§ 32.300 - What must I do before I enter into a covered transaction with another person at the next lower tier? |
§ 32.305 - May I enter into a covered transaction with an excluded or disqualified person? |
§ 32.310 - What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction? |
§ 32.315 - May I use the services of an excluded person as a principal under a covered transaction? |
§ 32.320 - Must I verify that principals of my covered transactions are eligible to participate? |
§ 32.325 - What happens if I do business with an excluded person in a covered transaction? |
§ 32.330 - What requirements must I pass down to persons at lower tiers with whom I intend to do business? |
Subpart D - Responsibilities of EPA Officials Regarding Transactions |
§ 32.400 - May I enter into a transaction with an excluded or disqualified person? |
§ 32.405 - May I enter into a covered transaction with a participant if a principal of the transaction is excluded? |
§ 32.410 - May I approve a participant's use of the services of an excluded person? |
§ 32.411 - Notice of suspension. |
§ 32.412 - Opportunity to contest suspension. |
§ 32.413 - Suspending official's decision. |
§ 32.415 - What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction? |
§ 32.420 - May I approve a transaction with an excluded or disqualified person at a lower tier? |
§ 32.425 - When do I check to see if a person is excluded or disqualified? |
§ 32.430 - How do I check to see if a person is excluded or disqualified? |
§ 32.435 - What must I require of a primary tier participant? |
§ 32.440 - What method do I use to communicate those requirements to participants? |
§ 32.445 - What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person? |
§ 32.450 - What action may I take if a primary tier participant fails to disclose the information required under 32.335? |
§ 32.455 - What may I do if a lower tier participant fails to disclose the information required under 32.355 to the next higher tier? |
Subpart E - Excluded Parties List System |
§ 32.500 - What is the purpose of the Excluded Parties List System (EPLS)? |
§ 32.505 - Who uses the EPLS? |
§ 32.510 - Who maintains the EPLS? |
§ 32.515 - What specific information is in the EPLS? |
§ 32.520 - Who places the information into the EPLS? |
§ 32.525 - Whom do I ask if I have questions about a person in the EPLS? |
§ 32.530 - Where can I find the EPLS? |
Subpart F - General Principles Relating to Suspension and Debarment Actions |
§ 32.600 - How do suspension and debarment actions start? |
§ 32.605 - How does suspension differ from debarment? |
§ 32.610 - What procedures does the EPA use in suspension and debarment actions? |
§ 32.615 - How does the EPA notify a person of a suspension or debarment action? |
§ 32.620 - Do Federal agencies coordinate suspension and debarment actions? |
§ 32.625 - What is the scope of a suspension or debarment? |
§ 32.630 - May the EPA impute conduct of one person to another? |
§ 32.635 - May the EPA settle a debarment or suspension action? |
§ 32.640 - May a settlement include a voluntary exclusion? |
§ 32.645 - Do other Federal agencies know if the EPA agrees to a voluntary exclusion? |
Appendix A to Part 32 - Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions |
Appendix B to Part 32 - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions |
Appendix C to Part 32 - Certification Regarding Drug-Free Workplace Requirements |
Subpart G - Suspension |
§ 32.700 - When may the suspending official issue a suspension? |
§ 32.705 - What does the suspending official consider in issuing a suspension? |
§ 32.710 - When does a suspension take effect? |
§ 32.715 - What notice does the suspending official give me if I am suspended? |
§ 32.720 - How may I contest a suspension? |
§ 32.725 - How much time do I have to contest a suspension? |
§ 32.730 - What information must I provide to the suspending official if I contest a suspension? |
§ 32.735 - Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based? |
§ 32.740 - Are suspension proceedings formal? |
§ 32.745 - How is fact-finding conducted? |
§ 32.750 - What does the suspending official consider in deciding whether to continue or terminate my suspension? |
§ 32.755 - When will I know whether the suspension is continued or terminated? |
§ 32.760 - How long may my suspension last? |
§ 32.765 - How may I appeal my suspension? |
Subpart H - Debarment |
§ 32.800 - What are the causes for debarment? |
§ 32.805 - What notice does the debarring official give me if I am proposed for debarment? |
§ 32.810 - When does a debarment take effect? |
§ 32.815 - How may I contest a proposed debarment? |
§ 32.820 - How much time do I have to contest a proposed debarment? |
§ 32.825 - What information must I provide to the debarring official if I contest a proposed debarment? |
§ 32.830 - Under what conditions do I get an additional opportunity to challenge the facts on which a proposed debarment is based? |
§ 32.835 - Are debarment proceedings formal? |
§ 32.840 - How is fact-finding conducted? |
§ 32.845 - What does the debarring official consider in deciding whether to debar me? |
§ 32.850 - What is the standard of proof in a debarment action? |
§ 32.855 - Who has the burden of proof in a debarment action? |
§ 32.860 - What factors may influence the debarring official's decision? |
§ 32.865 - How long may my debarment last? |
§ 32.870 - When do I know if the debarring official debars me? |
§ 32.875 - May I ask the debarring official to reconsider a decision to debar me? |
§ 32.880 - What factors may influence the debarring official during reconsideration? |
§ 32.885 - May the debarring official extend a debarment? |
§ 32.890 - How may I appeal my debarment? |
Subpart I - Definitions |
§ 32.900 - Adequate evidence. |
§ 32.905 - Affiliate. |
§ 32.910 - Agency. |
§ 32.915 - Agent or representative. |
§ 32.920 - Civil judgment. |
§ 32.925 - Conviction. |
§ 32.930 - Debarment. |
§ 32.935 - Debarring official. |
§ 32.940 - Disqualified. |
§ 32.945 - Excluded or exclusion. |
§ 32.950 - Excluded Parties List System |
§ 32.955 - Indictment. |
§ 32.960 - Ineligible or ineligibility. |
§ 32.965 - Legal proceedings. |
§ 32.970 - Nonprocurement transaction. |
§ 32.975 - Notice. |
§ 32.980 - Participant. |
§ 32.985 - Person. |
§ 32.990 - Preponderance of the evidence. |
§ 32.995 - Principal. |
§ 32.1000 - Respondent. |
§ 32.1005 - State. |
§ 32.1010 - Suspending official. |
§ 32.1015 - Suspension. |
§ 32.1020 - Voluntary exclusion or voluntarily excluded. |
Subpart J - Statutory Disqualification and Reinstatement Under the Clean Air Act and Clean Water Act |
§ 32.1100 - What does this subpart do? |
§ 32.1105 - Does this subpart apply to me? |
§ 32.1110 - How will a CAA or CWA conviction affect my eligibility to participate in Federal contracts, subcontracts, assistance, loans and other benefits? |
§ 32.1115 - Can the EPA extend a CAA or CWA disqualification to other facilities? |
§ 32.1120 - What is the purpose of CAA or CWA disqualification? |
§ 32.1125 - How do award officials and others know if I am disqualified? |
§ 32.1130 - How does disqualification under the CAA or CWA differ from a Federal discretionary suspension or debarment action? |
§ 32.1135 - Does CAA or CWA disqualification mean that I must remain ineligible? |
§ 32.1140 - Can an exception be made to allow me to receive an award even though I may be disqualified? |
§ 32.1200 - How will I know if I am disqualified under the CAA or CWA? |
§ 32.1205 - What procedures must I follow to have my procurement and nonprocurement eligibility reinstated under the CAA or CWA? |
§ 32.1210 - Will anyone else provide information to the EPA debarring official concerning my reinstatement request? |
§ 32.1215 - What happens if I disagree with the information provided by others to the EPA debarring official on my reinstatement request? |
§ 32.1220 - What will the EPA debarring official consider in making a decision on my reinstatement request? |
§ 32.1225 - When will the EPA debarring official make a decision on my reinstatement request? |
§ 32.1230 - How will the EPA debarring official notify me of the reinstatement decision? |
§ 32.1300 - Can I resolve my eligibility status under terms of an administrative agreement without having to submit a formal reinstatement request? |
§ 32.1305 - What are the consequences if I mislead the EPA in seeking reinstatement or fail to comply with my administrative agreement? |
§ 32.1400 - How may I appeal a decision denying my request for reinstatement? |
§ 32.1500 - If I am reinstated, when will my name be removed from the EPLS? |
§ 32.1600 - What definitions apply specifically to actions under this subpart? |
Appendix to Part 32 - Covered Transactions |