13 C.F.R. PART 145--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)


TITLE 13--Business Credit and Assistance

CHAPTER I--SMALL BUSINESS ADMINISTRATION

PART 145--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

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�145.25
How is this part organized?
�145.50
How is this part written?
�145.75
Do terms in this part have special meanings?

Subpart A--GENERAL

�145.100
What does this part do?
�145.105
Does this part apply to me?
�145.110
What is the purpose of the nonprocurement debarment and suspension system?
�145.115
How does an exclusion restrict a person's involvement in covered transactions?
�145.120
May we grant an exception to let an excluded person participate in a covered transaction?
�145.125
Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts?
�145.130
Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions?
�145.135
May the SBA exclude a person who is not currently participating in a nonprocurement transaction?
�145.140
How do I know if a person is excluded?
�145.145
Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions?
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Subpart B--COVERED TRANSACTIONS

�145.200
What is a covered transaction?
�145.205
Why is it important if a particular transaction is a covered transaction?
�145.210
Which nonprocurement transactions are covered transactions?
�145.215
Which nonprocurement transactions are not covered transactions?
�145.220
Are any procurement contracts included as covered transactions?
�145.225
How do I know if a transaction in which I may participate is a covered transaction?
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Subpart C--RESPONSIBILITIES OF PARTICIPANTS REGARDING TRANSACTIONS

�145.300
What must I do before I enter into a covered transaction with another person at the next lower tier?
�145.305
May I enter into a covered transaction with an excluded or disqualified person?
�145.310
What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction?
�145.315
May I use the services of an excluded person as a principal under a covered transaction?
�145.320
Must I verify that principals of my covered transactions are eligible to participate?
�145.325
What happens if I do business with an excluded person in a covered transaction?
�145.330
What requirements must I pass down to persons at lower tiers with whom I intend to do business?
�145.335
What information must I provide before entering into a covered transaction with the SBA?
�145.340
If I disclose unfavorable information required under 145.335, will I be prevented from participating in the transaction?
�145.345
What happens if I fail to disclose information required under 145.335?
�145.350
What must I do if I learn of information required under 145.335 after entering into a covered transaction with the SBA?
�145.355
What information must I provide to a higher tier participant before entering into a covered transaction with that participant?
�145.360
What happens if I fail to disclose the information required under 145.355?
�145.365
What must I do if I learn of information required under 145.355 after entering into a covered transaction with a higher tier participant?
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Subpart D--RESPONSIBILITIES OF SBA OFFICIALS REGARDING TRANSACTIONS

�145.400
May I enter into a transaction with an excluded or disqualified person?
�145.405
May I enter into a covered transaction with a participant if a principal of the transaction is excluded?
�145.410
May I approve a participant's use of the services of an excluded person?
�145.415
What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction?
�145.420
May I approve a transaction with an excluded or disqualified person at a lower tier?
�145.425
When do I check to see if a person is excluded or disqualified?
�145.430
How do I check to see if a person is excluded or disqualified?
�145.435
What must I require of a primary tier participant?
�145.440
What method do I use to communicate those requirements to participants?
�145.445
What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person?
�145.450
What action may I take if a primary tier participant fails to disclose the information required under 145.335?
�145.455
What may I do if a lower tier participant fails to disclose the information required under 145.355 to the next higher tier?
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Subpart E--EXCLUDED PARTIES LIST SYSTEM

�145.500
What is the purpose of the Excluded Parties List System (EPLS)?
�145.505
Who uses the EPLS?
�145.510
Who maintains the EPLS?
�145.515
What specific information is in the EPLS?
�145.520
Who places the information into the EPLS?
�145.525
Whom do I ask if I have questions about a person in the EPLS?
�145.530
Where can I find the EPLS?
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Subpart F--GENERAL PRINCIPLES RELATING TO SUSPENSION AND DEBARMENT ACTIONS

�145.600
How do suspension and debarment actions start?
�145.605
How does suspension differ from debarment?
�145.610
What procedures does the SBA use in suspension and debarment actions?
�145.615
How does the SBA notify a person of a suspension or debarment action?
�145.620
Do Federal agencies coordinate suspension and debarment actions?
�145.625
What is the scope of a suspension or debarment?
�145.630
May the SBA impute conduct of one person to another?
�145.635
May the SBA settle a debarment or suspension action?
�145.640
May a settlement include a voluntary exclusion?
�145.645
Do other Federal agencies know if the SBA agrees to a voluntary exclusion?
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Subpart G--SUSPENSION

�145.700
When may the suspending official issue a suspension?
�145.705
What does the suspending official consider in issuing a suspension?
�145.710
When does a suspension take effect?
�145.715
What notice does the suspending official give me if I am suspended?
�145.720
How may I contest a suspension?
�145.725
How much time do I have to contest a suspension?
�145.730
What information must I provide to the suspending official if I contest a suspension?
�145.735
Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based?
�145.740
Are suspension proceedings formal?
�145.745
How is fact-finding conducted?
�145.750
What does the suspending official consider in deciding whether to continue or terminate my suspension?
�145.755
When will I know whether the suspension is continued or terminated?
�145.760
How long may my suspension last?
�145.765
How may I appeal my suspension?
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Subpart H--DEBARMENT

�145.800
What are the causes for debarment?
�145.805
What notice does the debarring official give me if I am proposed for debarment?
�145.810
When does a debarment take effect?
�145.815
How may I contest a proposed debarment?
�145.820
How much time do I have to contest a proposed debarment?
�145.825
What information must I provide to the debarring official if I contest a proposed debarment?
�145.830
Under what conditions do I get an additional opportunity to challenge the facts on which a proposed debarment is based?
�145.835
Are debarment proceedings formal?
�145.840
How is fact-finding conducted?
�145.845
What does the debarring official consider in deciding whether to debar me?
�145.850
What is the standard of proof in a debarment action?
�145.855
Who has the burden of proof in a debarment action?
�145.860
What factors may influence the debarring official's decision?
�145.865
How long may my debarment last?
�145.870
When do I know if the debarring official debars me?
�145.875
May I ask the debarring official to reconsider a decision to debar me?
�145.880
What factors may influence the debarring official during reconsideration?
�145.885
May the debarring official extend a debarment?
�145.890
How may I appeal my debarment?
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Subpart I--DEFINITIONS

�145.900
Adequate evidence.
�145.905
Affiliate.
�145.910
Agency.
�145.915
Agent or representative.
�145.920
Civil judgment.
�145.925
Conviction.
�145.930
Debarment.
�145.935
Debarring official.
�145.940
Disqualified.
�145.945
Excluded or exclusion.
�145.950
Excluded Parties List System
�145.955
Indictment.
�145.960
Ineligible or ineligibility.
�145.965
Legal proceedings.
�145.970
Nonprocurement transaction.
�145.975
Notice.
�145.980
Participant.
�145.985
Person.
�145.990
Preponderance of the evidence.
�145.995
Principal.
�145.1000
Respondent.
�145.1005
State.
�145.1010
Suspending official.
�145.1015
Suspension.
�145.1020
Voluntary exclusion or voluntarily excluded.
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Subpart J--[RESERVED]

Appendix
Appendix to Part 145--Covered Transactions
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