[Code of Federal Regulations]
[Title 2, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 2CFR180.25]

[Page 16]
 
                     TITLE 2--GRANTS AND AGREEMENTS
 
 CHAPTER I--OFFICE OF MANAGEMENT AND BUDGET GOVERNMENTWIDE GUIDANCE FOR 
                          GRANTS AND AGREEMENTS
 
PART 180_OMB GUIDELINES TO AGENCIES ON GOVERNMENTWIDE DEBARMENT AND SUSPENSION 
 
Sec. 180.25  What must a Federal agency address in its implementation of the 

guidance?

    Each Federal agency implementing regulation:
    (a) Must establish policies and procedures for that agency's 
nonprocurement debarment and suspension programs and activities that are 
consistent with the guidance. When adopted by a Federal agency, the 
provisions of the guidance has regulatory effect for that agency's 
programs and activities.
    (b) Must address some matters for which these guidelines give each 
Federal agency some discretion. Specifically, the regulation must--
    (1) Identify either the Federal agency head or the title of the 
designated official who is authorized to grant exceptions under Sec. 
180.135 to let an excluded person participate in a covered transaction.
    (2) State whether the agency includes as covered transactions an 
additional tier of contracts awarded under covered nonprocurement 
transactions, as permitted under Sec. 180.220(c).
    (3) Identify the method(s) an agency official may use, when entering 
into a covered transaction with a primary tier participant, to 
communicate to the participant the requirements described in Sec. 
180.435. Examples of methods are an award term that requires compliance 
as a condition of the award; an assurance of compliance obtained at time 
of application; or a certification.
    (4) State whether the Federal agency specifies a particular method 
that participants must use to communicate compliance requirements to 
lower-tier participants, as described in Sec. 180.330(a). If there is a 
specified method, the regulation needs to require agency officials, when 
entering into covered transactions with primary tier participants, to 
communicate that requirement.
    (c) May also, at the agency's option:
    (1) Identify any specific types of transactions that the Federal 
agency includes as ``nonprocurement transactions'' in addition to the 
examples provided in Sec. 180.970.
    (2) Identify any types of nonprocurement transactions that the 
Federal agency exempts from coverage under these guidelines, as 
authorized under Sec. 180.215(g)(2).
    (3) Identify specific examples of types of individuals who would be 
``principals'' under the Federal agency's nonprocurement programs and 
transactions, in addition to the types of individuals described at Sec. 
180.995.
    (4) Specify the Federal agency's procedures, if any, by which a 
respondent may appeal a suspension or debarment decision.
    (5) Identify by title the officials designated by the Federal agency 
head as debarring officials under Sec. 180.930 or suspending officials 
under Sec. 180.1010.
    (6) Include a subpart covering disqualifications, as authorized in 
Sec. 180.45.
    (7) Include any provisions authorized by OMB.

[70 FR 51865, Aug. 31, 2005, as amended at 71 FR 66432, Nov. 15, 2006]