[Code of Federal Regulations] [Title 21, Volume 9] [Revised as of April 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 21CFR1404.145] [Page 238-239] TITLE 21-FOOD AND DRUGS CHAPTER III--OFFICE OF NATIONAL DRUG CONTROL POLICY PART 1404_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart A_General Sec. 1404.145 Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions? Except if provided for in Subpart J of this part, this part-- [[Page 239]] (a) Addresses disqualified persons only to-- (1) Provide for their inclusion in the EPLS; and (2) State responsibilities of Federal agencies and participants to check for disqualified persons before entering into covered transactions. (b) Does not specify the-- (1) Office of National Drug Control Policy transactions for which a disqualified person is ineligible. Those transactions vary on a case-by- case basis, because they depend on the language of the specific statute, Executive order, or regulation that caused the disqualification; (2) Entities to which the disqualification applies; or (3) Process that the agency uses to disqualify a person. Unlike exclusion, disqualification is frequently not a discretionary action that a Federal agency takes.