45 CFR 76 – Governmentwide Debarment and Suspension

Section Contents

§ 76.25    How is this part organized?
§ 76.50    How is this part written?
§ 76.75    Do terms in this part have special meanings?
Subpart A―General
§ 76.100   What does this part do?
§ 76.105   Does this part apply to me?
§ 76.110   What is the purpose of the nonprocurement debarment and 
           suspension system?
§ 76.115   How does an exclusion restrict a person's involvement in
           covered transactions?
§ 76.120   May we grant an exception to let an excluded person 
           participate in a covered transaction?
§ 76.125   Does an exclusion under the nonprocurement system affect a 
           person's eligibility for Federal procurement contracts?
§ 76.130   Does exclusion under the Federal procurement system affect a 
           person's eligibility to participate in nonprocurement 
           transactions?
§ 76.135   May the HHS exclude a person who is not currently 
           participating in a nonprocurement transaction?
§ 76.140   How do I know if a person is excluded?
§ 76.145   Does this part address persons who are disqualified, as well 
           as those who are excluded from nonprocurement transactions?
Subpart B―Covered Transactions
§ 76.200   What is a covered transaction?
§ 76.205   Why is it important if a particular transaction is a covered 
           transaction?
§ 76.210   Which nonprocurement transactions are covered transactions?
§ 76.215   Which nonprocurement transactions are not covered 
           transactions?
§ 76.220   Are any procurement contracts included as covered 
           transactions?
§ 76.225   How do I know if a transaction in which I may participate is 
           a covered transaction?
§ 76.230   What is the relationship between covered transactions and 
           exclusions from participation in Federal health care
           programs under Title XI of the Social Security Act?
Subpart C―Responsibilities of Participants Regarding Transactions
Doing Business With Other Persons
§ 76.300   What must I do before I enter into a covered transaction 
           with another person at the next lower tier?
§ 76.305   May I enter into a covered transaction with an excluded or
           disqualified person?
§ 76.310   What must I do if a Federal agency excludes a person with
           whom I am already doing business in a covered transaction?
§ 76.315   May I use the services of an excluded person as a principal
            under a covered transaction?
§ 76.320   Must I verify that principals of my covered transactions are
           eligible to participate?
§ 76.325   What happens if I do business with an excluded person in a
           covered transaction?
§ 76.330   What requirements must I pass down to persons at lower tiers
           with whom I intend to do business?
Disclosing Information―Primary Tier Participants
§ 76.335   What information must I provide before entering into a
           covered transaction with the HHS?
§ 76.340   If I disclose unfavorable information required under
           §76.335, will I be prevented from participating in the
           transaction?
§ 76.345   What happens if I fail to disclose information required
           under §76.335?
§ 76.350   What must I do if I learn of information required under
           §76.335 after entering into a covered transaction with the
           HHS?
Disclosing Information―Lower Tier Participants
§ 76.355   What information must I provide to a higher tier participant
           before entering into a covered transaction with that
           participant?
§ 76.360   What happens if I fail to disclose the information required
           under §76.355?
§ 76.365   What must I do if I learn of information required under
           §76.355 after entering into a covered transaction with a
           higher tier participant?
Subpart D―Responsibilities of HHS Officials Regarding Transactions
§ 76.400   May I enter into a transaction with an excluded or
           disqualified person?
§ 76.405   May I enter into a covered transaction with a participant if
           a principal of the transaction is excluded?
§ 76.410   May I approve a participant's use of the services of an
           excluded person?
§ 76.415   What must I do if a Federal agency excludes the participant
           or a principal after I enter into a covered transaction?
§ 76.420   May I approve a transaction with an excluded or disqualified
           person at a lower tier?
§ 76.425   When do I check to see if a person is excluded or
           disqualified?
§ 76.430   How do I check to see if a person is excluded or
           disqualified?
§ 76.435   What must I require of a primary tier participant?
§ 76.440   What method do I use to communicate those requirements to
           participants?
§ 76.445   What action may I take if a primary tier participant
           knowingly does business with an excluded or disqualified
           person?
§ 76.450   What action may I take if a primary tier participant fails
           to disclose the information required under §76.335?
§ 76.455   What may I do if a lower tier participant fails to disclose
           the information required under §76.355 to the next higher
           tier?
§ 76.460   What are the obligations of Medicare carriers and
           intermediaries?
Subpart E―Excluded Parties List System
§ 76.500   What is the purpose of the Excluded Parties List System
          (EPLS)?
§ 76.505   Who uses the EPLS?
§ 76.510   Who maintains the EPLS?
§ 76.515   What specific information is in the EPLS?
§ 76.520   Who places the information into the EPLS?
§ 76.525   Whom do I ask if I have questions about a person in the
           EPLS?
§ 76.530   Where can I find the EPLS?
Subpart F―General Principles Relating to Suspension and Debarment Actions
§ 76.600   How do suspension and debarment actions start?
§ 76.605   How does suspension differ from debarment?
§ 76.610   What procedures does the HHS use in suspension and debarment
           actions?
§ 76.615   How does the HHS notify a person of a suspension or
           debarment action?
§ 76.620   Do Federal agencies coordinate suspension and debarment
           actions?
§ 76.625   What is the scope of a suspension or debarment?
§ 76.630   May the HHS impute conduct of one person to another?
§ 76.635   May the HHS settle a debarment or suspension action?
§ 76.640   May a settlement include a voluntary exclusion?
§ 76.645   Do other Federal agencies know if the HHS agrees to a
           voluntary exclusion?
Subpart G―Suspension
§ 76.700   When may the suspending official issue a suspension?
§ 76.705   What does the suspending official consider in issuing a
           suspension?
§ 76.710   When does a suspension take effect?
§ 76.715   What notice does the suspending official give me if I am
           suspended?
§ 76.720   How may I contest a suspension?
§ 76.725   How much time do I have to contest a suspension?
§ 76.730   What information must I provide to the suspending official
           if I contest a suspension?
§ 76.735   Under what conditions do I get an additional opportunity to
           challenge the facts on which the suspension is based?
§ 76.740   Are suspension proceedings formal?
§ 76.745   How is fact-finding conducted?
§ 76.750   What does the suspending official consider in deciding
           whether to continue or terminate my suspension?
§ 76.755   When will I know whether the suspension is continued or
           terminated?
§ 76.760   How long may my suspension last?
Subpart H―Debarment
§ 76.800   What are the causes for debarment?
§ 76.805   What notice does the debarring official give me if I am
           proposed for debarment?
§ 76.810   When does a debarment take effect?
§ 76.815   How may I contest a proposed debarment?
§ 76.820   How much time do I have to contest a proposed debarment?
§ 76.825   What information must I provide to the debarring official if
           I contest a proposed debarment?
§ 76.830   Under what conditions do I get an additional opportunity to
           challenge the facts on which a proposed debarment is based?
§ 76.835   Are debarment proceedings formal?
§ 76.840   How is fact-finding conducted?
§ 76.845   What does the debarring official consider in deciding
           whether to debar me?
§ 76.850   What is the standard of proof in a debarment action?
§ 76.855   Who has the burden of proof in a debarment action?
§ 76.860   What factors may influence the debarring official's
           decision?
§ 76.865   How long may my debarment last?
§ 76.870   When do I know if the debarring official debars me?
§ 76.875   May I ask the debarring official to reconsider a decision
           to debar me?
§ 76.880   What factors may influence the debarring official during
           reconsideration?
§ 76.885   May the debarring official extend a debarment?
Subpart I―Definitions
§ 76.900   Adequate evidence.
§ 76.905   Affiliate.
§ 76.910   Agency.
§ 76.915   Agent or representative.
§ 76.920   Civil judgment.
§ 76.925   Conviction.
§ 76.930   Debarment.
§ 76.935   Debarring official.
§ 76.940   Disqualified.
§ 76.945   Excluded or exclusion.
§ 76.950   Excluded Parties List System
§ 76.955   Indictment.
§ 76.960   Ineligible or ineligibility.
§ 76.965   Legal proceedings.
§ 76.970   Nonprocurement transaction.
§ 76.975   Notice.
§ 76.980   Participant.
§ 76.985   Person.
§ 76.990   Preponderance of the evidence.
§ 76.995   Principal.
§ 76.1000  Respondent.
§ 76.1005  State.
§ 76.1010  Suspending official.
§ 76.1015  Suspension.
§ 76.1020  Voluntary exclusion or voluntarily excluded.
Subpart J [Reserved]
Appendix to Part 76―Covered Transactions