[Code of Federal Regulations] [Title 44, Volume 1] [Revised as of October 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 44CFR17.100] [Page 188-190] TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY PART 17_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table of Contents Subpart A_General Sec. 17.100 Purpose. Subpart A_General Sec. 17.100 Purpose. 17.105 Definitions. 17.110 Coverage. 17.115 Policy. Subpart B_Effect of Action 17.200 Debarment or suspension. 17.205 Ineligible persons. 17.210 Voluntary exclusion. 17.215 Exception provision. 17.220 Continuation of covered transactions. 17.225 Failure to adhere to restrictions. Subpart C_Debarment 17.300 General. 17.305 Causes for debarment. 17.310 Procedures. [[Page 189]] 17.311 Investigation and referral. 17.312 Notice of proposed debarment. 17.313 Opportunity to contest proposed debarment. 17.314 Debarring official's decision. 17.315 Settlement and voluntary exclusion. 17.320 Period of debarment. 17.325 Scope of debarment. Subpart D_Suspension 17.400 General. 17.405 Causes for suspension. 17.410 Procedures. 17.411 Notice of suspension. 17.412 Opportunity to contest suspension. 17.413 Suspending official's decision. 17.415 Period of suspension. 17.420 Scope of suspension. Subpart E_Responsibilities of GSA, Agency and Participants 17.500 GSA responsibilities. 17.505 FEMA responsibilities. 17.510 Participants' responsibilities. Subpart F_Drug-Free Workplace Requirements (Grants) 17.600 Purpose. 17.605 Definitions. 17.610 Coverage. 17.615 Grounds for suspension of payments, suspension or termination of grants, or suspension or debarment. 17.620 Effect of violation. 17.625 Exception provision. 17.630 Certification requirements and procedures. 17.635 Reporting of and employee sanctions for convictions of criminal drug offenses. Appendix A to Part 17--Certification Regarding Debarment, Suspension, and Other Responsibility Matters--Primary Covered Transactions Appendix B to Part 17--Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions Appendix C to Part 17--Certification Regarding Drug-Free Workplace Requirements Authority: 41 U.S.C. 701 et seq.; E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 54 FR 34131, 3 CFR, 1989 Comp., p. 235. Source: 53 FR 19199, 19204, May 26, 1988, unless otherwise noted. Editorial Note: For additional information, see related documents published at 50 FR 8953, Mar. 5, 1985; 52 FR 18768, May 19, 1987; and 52 FR 45667, Dec. 1, 1987. (a) Executive Order (E.O.) 12549 provides that, to the extent permitted by law, Executive departments and agencies shall participate in a governmentwide system for nonprocurement debarment and suspension. A person who is debarred or suspended shall be excluded from Federal financial and nonfinancial assistance and benefits under Federal programs and activities. Debarment or suspension of a participant in a program by one agency shall have governmentwide effect. (b) These regulations implement section 3 of E.O. 12549 and the guidelines promulgated by the Office of Management and Budget under section 6 of the E.O. by: (1) Prescribing the programs and activities that are covered by the governmentwide system; (2) Prescribing the governmentwide criteria and governmentwide minimum due process procedures that each agency shall use; (3) Providing for the listing of debarred and suspended participants, participants declared ineligible (see definition of ``ineligible'' in Sec. 17.105), and participants who have voluntarily excluded themselves from participation in covered transactions; (4) Setting forth the consequences of a debarment, suspension, determination of ineligibility, or voluntary exclusion; and (5) Offering such other guidance as necessary for the effective implementation and administration of the governmentwide system. (c) These regulations also implement Executive Order 12689 (3 CFR, 1989 Comp., p. 235) and 31 U.S.C. 6101 note (Public Law 103-355, sec. 2455, 108 Stat. 3327) by-- (1) Providing for the inclusion in the List of Parties Excluded from Federal Procurement and Nonprocurement Programs all persons proposed for debarment, debarred or suspended under the Federal Acquisition Regulation, 48 CFR Part 9, subpart 9.4; persons against which governmentwide exclusions have been entered under this part; and persons determined to be ineligible; and [[Page 190]] (2) Setting forth the consequences of a debarment, suspension, determination of ineligibility, or voluntary exclusion. (d) Although these regulations cover the listing of ineligible participants and the effect of such listing, they do not prescribe policies and procedures governing declarations of ineligibility. [60 FR 33040, 33061, June 26, 1995]