[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-55.013]

[Page 410]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
              CHAPTER 105--GENERAL SERVICES ADMINISTRATION
 
PART 105-55_COLLECTION OF CLAIMS OWED THE UNITED STATES--Table of Contents
 
Sec. 105-55.013  Suspension or revocation of eligibility for loans and 
loan guaranties, licenses, permits, or privileges.

    (a) Unless waived by the Administrator, the General Services 
Administration (GSA) will not extend financial assistance in the form of 
a loan, loan guarantee, or loan insurance to any person delinquent on a 
non-tax debt owed to a Federal agency. This prohibition does not apply 
to disaster loans. The authority to waive the application of this 
section may be delegated to the Chief Financial Officer and re-delegated 
only to the Deputy Chief Financial Officer of GSA. GSA may extend credit 
after the delinquency has been resolved. The Secretary may exempt 
classes of debts from this prohibition and has prescribed standards 
defining when a ``delinquency'' is ``resolved'' for purposes of this 
prohibition. See 31 CFR 285.13.
    (b) In non-bankruptcy cases, GSA, when seeking the collection of 
statutory penalties, forfeitures, or other types of claims, will 
consider the suspension or revocation of licenses, permits, or other 
privileges for any inexcusable or willful failure of a debtor to pay 
such a debt in accordance with GSA regulations or governing procedures. 
The debtor will be advised in GSA's written demand for payment of the 
Agency's ability to suspend or revoke licenses, permits, or privileges. 
If GSA makes, guarantees, insures, acquires, or participates in loans, 
the Agency will consider suspending or disqualifying any lender, 
contractor, or broker from doing further business with the Agency or 
engaging in programs sponsored by the Agency if such lender, contractor, 
or broker fails to pay its debts to the Government within a reasonable 
time or if such lender, contractor, or broker has been suspended, 
debarred, or disqualified from participation in a program or activity by 
another Federal agency. The failure of any surety to honor its 
obligations in accordance with 31 U.S.C. 9305 will be reported to the 
Treasury. The Treasury will forward notification to all interested 
agencies that a surety's certificate of authority to do business with 
the Government has been revoked by the Treasury.
    (c) The suspension or revocation of licenses, permits, or privileges 
also may extend to GSA programs or activities administered by the states 
on behalf of GSA, to the extent they affect GSA's ability to collect 
money or funds owed by debtors.
    (d) In bankruptcy cases, before advising the debtor of GSA's 
intention to suspend or revoke licenses, permits, or privileges, the 
Agency will ascertain the impact of the Bankruptcy Code, particularly 11 
U.S.C. 362 and 525, which may restrict such action.