[Code of Federal Regulations]
[Title 21, Volume 9]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1404.200]

[Page 206-207]
 
                         TITLE 21-FOOD AND DRUGS
 
           CHAPTER III--OFFICE OF NATIONAL DRUG CONTROL POLICY
 
PART 1404--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table of Contents
 
                       Subpart B--Effect of Action
 
Sec. 1404.200  Debarment or suspension.


    (a) Primary covered transactions. Except to the extent prohibited by 
law, persons who are debarred or suspended

[[Page 207]]

shall be excluded from primary covered transactions as either 
participants or principals throughout the Executive Branch of the 
Federal Government for the period of their debarment, suspension, or the 
period they are proposed for debarment under 48 CFR part 9, subpart 9.4. 
Accordingly, no agency shall enter into primary covered transactions 
with such excluded persons during such period, except as permitted 
pursuant to Sec. 1404.215.
    (b) Lower tier covered transactions. Except to the extent prohibited 
by law, persons who have been proposed for debarment under 48 CFR part 
9, subpart 9.4, debarred or suspended shall be excluded from 
participating as either participants or principals in all lower tier 
covered transactions (see Sec. 1404.110(a)(1)(ii)) for the period of 
their exclusion.
    (c) Exceptions. Debarment or suspension does not affect a person's 
eligibility for--
    (1) Statutory entitlements or mandatory awards (but not subtier 
awards thereunder which are not themselves mandatory), including 
deposited funds insured by the Federal Government;
    (2) Direct awards to foreign governments or public international 
organizations, or transactions with foreign governments or foreign 
governmental entities, public international organizations, foreign 
government owned (in whole or in part) or controlled entities, and 
entities consisting wholly or partially of foreign governments or 
foreign governmental entities;
    (3) Benefits to an individual as a personal entitlement without 
regard to the individual's present responsibility (but benefits received 
in an individual's business capacity are not excepted);
    (4) Federal employment;
    (5) Transactions pursuant to national or agency-recognized 
emergencies or disasters;
    (6) Incidental benefits derived from ordinary governmental 
operations; and
    (7) Other transactions where the application of these regulations 
would be prohibited by law.

[60 FR 33041, 33045, June 26, 1995]