13 CFR 145.145 - Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions?

Code of Federal Regulations - Title 13: Business Credit and Assistance (December 2005)


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TITLE 13 - BUSINESS CREDIT AND ASSISTANCE

CHAPTER I - SMALL BUSINESS ADMINISTRATION

PART 145 - GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

subpart a - GENERAL

145.145 - 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 (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) SBA 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.

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