[Code of Federal Regulations]
[Title 7, Volume 15, Parts 2000 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR3017.200]

[Page 140-141]
 
                          TITLE 7--AGRICULTURE
 
                         CHAPTER XXX--OFFICE OF
                      THE CHIEF FINANCIAL OFFICER,
                        DEPARTMENT OF AGRICULTURE
 
PART 3017--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table of Contents
 
                       Subpart B--Effect of Action
 
Sec. 3017.200  Debarment or suspension.


    (a) Primary covered transactions. Except to the extent prohibited by 
law, persons who are debarred or suspended 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. 3017.215.
    (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. 3017.110(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.
    (d) Department of Agriculture excepted transactions. With respect to 
paragraph (c) of this section, the following USDA transactions also are 
excepted: transactions under programs which provide statutory 
entitlements and make available loans to individuals and entities in 
their capacity as producers of agricultural commodities; transations 
under conservation programs; transactions under warehouse licensing 
programs; the receipt of licenses, permits, certificates, and 
indemnification under regulatory programs conducted in the interest of 
public health and safety and animal and plant health and safety; the 
receipt of official grading and inspection services, animal damage 
control services, public health and safety inspection services, and 
animal and plant health and safety inspection services; if the person is 
a State or local government, the provision of official grading and 
inspection services, animal damage control services, public health and 
safety inspection services, and animal and plant health and safety 
inspection services; and permits, licenses, exchanges, and other 
acquisitions of real property, rights of way, and easements

[[Page 141]]

under natural resource management programs.

[60 FR 33041, 33043, June 26, 1995, as amended at 61 FR 251, Jan. 4, 
1996]