[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: 44CFR17.200]



[Page 193]

 

              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 B_Effect of Action

 

Sec. 17.200  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. 17.215.

    (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. 17.110(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, 33061, June 26, 1995]