Regulations: 7 CFR 3017.110

§ 3017.100

7 CFR Ch. XXX (1–1–06 Edition)

Subpart A—General
§ 3017.100 What does this part do?
This part adopts a governmentwide
system of debarment and suspension
for Department of Agriculture nonprocurement activities. It also provides
for reciprocal exclusion of persons who
have been excluded under the Federal
Acquisition Regulation, and provides
for the consolidated listing of all persons who are excluded, or disqualified
by statute, executive order, or other
legal authority. This part satisfies the
requirements in section 3 of Executive
Order 12549, ‘‘Debarment and Suspension’’ (3 CFR 1986 Comp., p. 189), Executive Order 12689, ‘‘Debarment and Suspension’’ (3 CFR 1989 Comp., p. 235) and
31 U.S.C. 6101 note (Section 2455, Public
Law 103–355, 108 Stat. 3327).
§ 3017.105 Does this part apply to me?
Portions of this part (see table at
§ 3017.25(b)) apply to you if you are
a(n)—
(a) Person who has been, is, or may
reasonably be expected to be, a participant or principal in a covered transaction;
(b) Respondent (a person against
whom the Department of Agriculture
has initiated a debarment or suspension action);
(c) Department of Agriculture debarring or suspending official; or
(d) Department of Agriculture official who is authorized to enter into
covered transactions with non-Federal
parties.
§ 3017.110 What is the purpose of the
nonprocurement debarment and
suspension system?
(a) To protect the public interest, the
Federal Government ensures the integrity of Federal programs by conducting
business only with responsible persons.
(b) A Federal agency uses the nonprocurement debarment and suspension
system to exclude from Federal programs persons who are not presently
responsible.
(c) An exclusion is a serious action
that a Federal agency may take only
to protect the public interest. A Federal agency may not exclude a person
or commodity for the purposes of punishment.

§ 3017.115 How does an exclusion restrict a person’s involvement in covered transactions?
With the exceptions stated in
§§ 3017.120, 3017.315, and 3017.420, a person who is excluded by the Department
of Agriculture or any other Federal
agency may not:
(a) Be a participant in a(n) Department of Agriculture transaction that is
a covered transaction under subpart B
of this part;
(b) Be a participant in a transaction
of any other Federal agency that is a
covered transaction under that agency’s regulation for debarment and suspension; or
(c) Act as a principal of a person participating in one of those covered
transactions.
§ 3017.120 May we grant an exception
to let an excluded person participate in a covered transaction?
(a) The Secretary of Agriculture or
designee may grant an exception permitting an excluded person to participate in a particular covered transaction. If the Secretary of Agriculture
or designee grants an exception, the exception must be in writing and state
the reason(s) for deviating from the
governmentwide policy in Executive
Order 12549.
(b) An exception granted by one
agency for an excluded person does not
extend to the covered transactions of
another agency.
§ 3017.125 Does an exclusion under the
nonprocurement system affect a
person’s eligibility for Federal procurement contracts?
If any Federal agency excludes a person under its nonprocurement common
rule on or after August 25, 1995, the excluded person is also ineligible to participate in Federal procurement transactions under the FAR. Therefore, an
exclusion under this part has reciprocal effect in Federal procurement
transactions.
§ 3017.130 Does exclusion under the
Federal procurement system affect
a person’s eligibility to participate
in nonprocurement transactions?
If any Federal agency excludes a person under the FAR on or after August

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