Code of Federal Regulations (Last Updated: November 8, 2024) |
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) |
§ 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? |
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? |
Subpart C - Responsibilities of Participants Regarding Transactions |
§ 1209.311 - Investigation and referral. |
§ 1209.312 - Notice of proposed debarment. |
§ 1209.313 - Opportunity to contest proposed debarment. |
§ 1209.314 - Debarring official's decision. |
Disclosing Information—Primary Tier Participants |
§ 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? |
Disclosing Information—Lower Tier Participants |
§ 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? |
Doing Business With Other Persons |
§ 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? |
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? |
§ 1209.411 - Notice of suspension. |
§ 1209.412 - Opportunity to contest suspension. |
§ 1209.413 - Suspending official's decision. |
§ 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? |
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? |
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? |
Appendix A to Part 1209 - Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions |
Appendix B to Part 1209 - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions |
Appendix C to Part 1209 - Certification Regarding Drug-Free Workplace Requirements |
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? |
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? |
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. |
Subpart J - [Reserved] |
Appendix to Part 1209 - Covered Transactions |