15 C.F.R. PART 26--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)


TITLE 15--Commerce and Foreign Trade

Subtitle A--OFFICE OF THE SECRETARY OF COMMERCE

PART 26--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

rule
�26.25
How is this part organized?
�26.50
How is this part written?
�26.75
Do terms in this part have special meanings?

Subpart A--GENERAL

�26.100
What does this part do?
�26.105
Does this part apply to me?
�26.110
What is the purpose of the nonprocurement debarment and suspension system?
�26.115
How does an exclusion restrict a person's involvement in covered transactions?
�26.120
May we grant an exception to let an excluded person participate in a covered transaction?
�26.125
Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts?
�26.130
Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions?
�26.135
May the Department of Commerce exclude a person who is not currently participating in a nonprocurement transaction?
�26.140
How do I know if a person is excluded?
�26.145
Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions?
rule

Subpart B--COVERED TRANSACTIONS

�26.200
What is a covered transaction?
�26.205
Why is it important if a particular transaction is a covered transaction?
�26.210
Which nonprocurement transactions are covered transactions?
�26.215
Which nonprocurement transactions are not covered transactions?
�26.220
Are any procurement contracts included as covered transactions?
�26.225
How do I know if a transaction in which I may participate is a covered transaction?
rule

Subpart C--RESPONSIBILITIES OF PARTICIPANTS REGARDING TRANSACTIONS

�26.300
What must I do before I enter into a covered transaction with another person at the next lower tier?
�26.305
May I enter into a covered transaction with an excluded or disqualified person?
�26.310
What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction?
�26.315
May I use the services of an excluded person as a principal under a covered transaction?
�26.320
Must I verify that principals of my covered transactions are eligible to participate?
�26.325
What happens if I do business with an excluded person in a covered transaction?
�26.330
What requirements must I pass down to persons at lower tiers with whom I intend to do business?
�26.335
What information must I provide before entering into a covered transaction with the Department of Commerce?
�26.340
If I disclose unfavorable information required under 26.335, will I be prevented from participating in the transaction?
�26.345
What happens if I fail to disclose information required under 26.335?
�26.350
What must I do if I learn of information required under 26.335 after entering into a covered transaction with the Department of Commerce?
�26.355
What information must I provide to a higher tier participant before entering into a covered transaction with that participant?
�26.360
What happens if I fail to disclose the information required under 26.355?
�26.365
What must I do if I learn of information required under 26.355 after entering into a covered transaction with a higher tier participant?
rule

Subpart D--RESPONSIBILITIES OF DOC OFFICIALS REGARDING TRANSACTIONS

�26.400
May I enter into a transaction with an excluded or disqualified person?
�26.405
May I enter into a covered transaction with a participant if a principal of the transaction is excluded?
�26.410
May I approve a participant's use of the services of an excluded person?
�26.415
What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction?
�26.420
May I approve a transaction with an excluded or disqualified person at a lower tier?
�26.425
When do I check to see if a person is excluded or disqualified?
�26.430
How do I check to see if a person is excluded or disqualified?
�26.435
What must I require of a primary tier participant?
�26.440
What method do I use to communicate those requirements to participants?
�26.445
What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person?
�26.450
What action may I take if a primary tier participant fails to disclose the information required under 26.335?
�26.455
What may I do if a lower tier participant fails to disclose the information required under 26.355 to the next higher tier?
rule

Subpart E--EXCLUDED PARTIES LIST SYSTEM

�26.500
What is the purpose of the Excluded Parties List System (EPLS)?
�26.505
Who uses the EPLS?
�26.510
Who maintains the EPLS?
�26.515
What specific information is in the EPLS?
�26.520
Who places the information into the EPLS?
�26.525
Whom do I ask if I have questions about a person in the EPLS?
�26.530
Where can I find the EPLS?
rule

Subpart F--GENERAL PRINCIPLES RELATING TO SUSPENSION AND DEBARMENT ACTIONS

�26.600
How do suspension and debarment actions start?
�26.605
How does suspension differ from debarment?
�26.610
What procedures does the Department of Commerce use in suspension and debarment actions?
�26.615
How does the Department of Commerce notify a person of a suspension or debarment action?
�26.620
Do Federal agencies coordinate suspension and debarment actions?
�26.625
What is the scope of a suspension or debarment?
�26.630
May the Department of Commerce impute conduct of one person to another?
�26.635
May the Department of Commerce settle a debarment or suspension action?
�26.640
May a settlement include a voluntary exclusion?
�26.645
Do other Federal agencies know if the Department of Commerce agrees to a voluntary exclusion?
rule

Subpart G--SUSPENSION

�26.700
When may the suspending official issue a suspension?
�26.705
What does the suspending official consider in issuing a suspension?
�26.710
When does a suspension take effect?
�26.715
What notice does the suspending official give me if I am suspended?
�26.720
How may I contest a suspension?
�26.725
How much time do I have to contest a suspension?
�26.730
What information must I provide to the suspending official if I contest a suspension?
�26.735
Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based?
�26.740
Are suspension proceedings formal?
�26.745
How is fact-finding conducted?
�26.750
What does the suspending official consider in deciding whether to continue or terminate my suspension?
�26.755
When will I know whether the suspension is continued or terminated?
�26.760
How long may my suspension last?
rule

Subpart H--DEBARMENT

�26.800
What are the causes for debarment?
�26.805
What notice does the debarring official give me if I am proposed for debarment?
�26.810
When does a debarment take effect?
�26.815
How may I contest a proposed debarment?
�26.820
How much time do I have to contest a proposed debarment?
�26.825
What information must I provide to the debarring official if I contest a proposed debarment?
�26.830
Under what conditions do I get an additional opportunity to challenge the facts on which a proposed debarment is based?
�26.835
Are debarment proceedings formal?
�26.840
How is fact-finding conducted?
�26.845
What does the debarring official consider in deciding whether to debar me?
�26.850
What is the standard of proof in a debarment action?
�26.855
Who has the burden of proof in a debarment action?
�26.860
What factors may influence the debarring official's decision?
�26.865
How long may my debarment last?
�26.870
When do I know if the debarring official debars me?
�26.875
May I ask the debarring official to reconsider a decision to debar me?
�26.880
What factors may influence the debarring official during reconsideration?
�26.885
May the debarring official extend a debarment?
rule

Subpart I--DEFINITIONS

�26.900
Adequate evidence.
�26.905
Affiliate.
�26.910
Agency.
�26.915
Agent or representative.
�26.920
Civil judgment.
�26.925
Conviction.
�26.930
Debarment.
�26.935
Debarring official.
�26.940
Disqualified.
�26.945
Excluded or exclusion.
�26.950
Excluded Parties List System.
�26.955
Indictment.
�26.960
Ineligible or ineligibility.
�26.965
Legal proceedings.
�26.970
Nonprocurement transaction.
�26.975
Notice.
�26.980
Participant.
�26.985
Person.
�26.990
Preponderance of the evidence.
�26.995
Principal.
�26.1000
Respondent.
�26.1005
State.
�26.1010
Suspending official.
�26.1015
Suspension.
�26.1020
Voluntary exclusion or voluntarily excluded.
rule

Subpart J--[RESERVED]

Appendix
Appendix to Part 26--Covered Transactions
rule
























































chanrobles.com





ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com