45 CFR 76 – Governmentwide Debarment and Suspension
Title 45: Public Welfare
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PART 76―GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
§ 76.25 How is this part organized?
§ 76.50 How is this part written?
§ 76.75 Do terms in this part have special meanings?
§ 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
§ 76.115 How does an exclusion restrict a person's involvement in
§ 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
§ 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
§ 76.210 Which nonprocurement transactions are covered transactions?
§ 76.215 Which nonprocurement transactions are not covered
§ 76.220 Are any procurement contracts included as covered
§ 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
§ 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
§ 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
§ 76.345 What happens if I fail to disclose information required
§ 76.350 What must I do if I learn of information required under
§76.335 after entering into a covered transaction with the
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
§ 76.360 What happens if I fail to disclose the information required
§ 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
§ 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
§ 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
§ 76.430 How do I check to see if a person is excluded or
§ 76.435 What must I require of a primary tier participant?
§ 76.440 What method do I use to communicate those requirements to
§ 76.445 What action may I take if a primary tier participant
knowingly does business with an excluded or disqualified
§ 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
§ 76.460 What are the obligations of Medicare carriers and
Subpart E―Excluded Parties List System
§ 76.500 What is the purpose of the Excluded Parties List System
§ 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
§ 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
§ 76.615 How does the HHS notify a person of a suspension or
§ 76.620 Do Federal agencies coordinate suspension and debarment
§ 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
§ 76.700 When may the suspending official issue a suspension?
§ 76.705 What does the suspending official consider in issuing a
§ 76.710 When does a suspension take effect?
§ 76.715 What notice does the suspending official give me if I am
§ 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
§ 76.760 How long may my suspension last?
§ 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
§ 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
§ 76.885 May the debarring official extend a debarment?
§ 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