Title 7--AGRICULTURE
Chapter


States shall follow state law and procedures when awarding and administering subgrants (whether on a cost reimbursement or fixed amount basis) of financial assistance to local...


performance. (a) Monitoring by grantees. Grantees are responsible for managing the day-to-day operations of grant and subgrant supported activities. Grantees...


(a) General. (1) Except as provided in paragraphs (a) (2) and (5) of this section, grantees will use only the forms specified in paragraphs (a) through (e) of this section,...


records. (a) Applicability. (1) This section applies to all financial and programmatic records, supporting documents, statistical records, and other records...


Remedies for noncompliance. If a grantee or subgrantee materially fails to comply with any term of an award, whether stated in a Federal statute or regulation, an assurance, in a...


Except as provided in Sec. 3016.43 awards may be terminated in whole or in part only as follows: (a) By the awarding agency with the consent of the grantee...


(a) General. The Federal agency will close out the award when it determines that all applicable administrative actions and all required work of the grant has been completed. ...


The closeout of a grant does not affect: (a) The Federal agency's right to disallow costs and recover funds on the basis of a later audit or other review; ...


(a) Any funds paid to a grantee in excess of the amount to which the grantee is finally determined to be entitled under the terms of the award constitute a debt to...


Source: 65 FR 49480, Aug. 14, 2000, unless otherwise noted. (a) Notwithstanding Sec. Sec. 3016.36(a) and 3016.37(a), States conducting procurements under grants...


The financial reporting provisions found in Sec. 3016.41 do not apply to any of the USDA entitlement programs listed in Sec. 3016.4(b) except the Food Distribution Program on...


or specific audience with special responsibilities, as shown in the following table: ------------------------------------------------------------------------ ...


to use. The section headings and text, often in the form of questions and answers, must be read together. (b) Pronouns used within this part, such as ``I'' and...


defined in Subpart I of this part. For example, three important terms are-- (a) Exclusion or excluded, which refers only to discretionary actions taken by a suspending...


and suspension for Department of Agriculture nonprocurement activities. It also provides for reciprocal exclusion of persons who have been excluded under the...


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)...


(a) To protect the public interest, the Federal Government ensures the integrity of Federal programs by conducting business only with responsible persons. (b) A...


With the exceptions stated in Sec. Sec. 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) The the Secretary of Agriculture or designee may grant an exception permitting an excluded person to participate in a particular covered transaction. If the...


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...


participate in nonprocurement transactions? If any Federal agency excludes a person under the FAR on or after August 25, 1995, the excluded person is also ineligible...


a nonprocurement transaction? Given a cause that justifies an exclusion under this part, we may exclude any person who has been involved, is currently involved, or...


to determine whether a person is excluded. The General Services Administration (GSA) maintains the EPLS and makes it available, as detailed in subpart E of this part....


nonprocurement transactions? Except if provided for in Subpart J of this part, this part-- (a) Addresses disqualified persons only to-- (1) Provide for...


procurement transaction that is subject to the prohibitions of this part. It may be a transaction at-- (a) The primary tier, between a Federal agency and a...


The importance of a covered transaction depends upon who you are. (a) As a participant in the transaction, you have the responsibilities laid out in Subpart C of...


[Code of Federal Regulations] [Title 7, Volume 15] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR3017.210] [Page 182] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE PART 3017_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart B_Covered Transactions Sec. 3017.210 Which nonprocurement transactions are covered transactions? All nonprocurement transactions, as defined in Sec. 3017.970, are covered transactions unless listed in Sec. 3017.215. (See appendix to this part.) ...


The following types of nonprocurement transactions are not covered transactions: (a) A direct award to-- (1) A foreign government or foreign governmental entity; ...


(a) Covered transactions under this part-- (1) Do not include any procurement contracts awarded directly by a Federal agency; but (2) Do include some procurement...


As a participant in a transaction, you will know that it is a covered transaction because the agency regulations governing the transaction, the appropriate...


person at the next lower tier? Doing Business With Other Persons When you enter into a covered transaction with another person at...


person? (a) You as a participant may not enter into a covered transaction with an excluded person, unless the Department of Agriculture grants an...


I am already doing business in a covered transaction? (a) You as a participant may continue covered transactions with an excluded person if the transactions were...


a covered transaction? (a) You as a participant may continue to use the services of an excluded person as a principal under a covered transaction if you were...


to participate? Yes, you as a participant are responsible for determining whether any of your principals of your covered transactions is excluded or...


covered transaction? If as a participant you knowingly do business with an excluded person, we may disallow costs, annul or terminate the transaction, issue a stop...


whom I intend to do business? Before entering into a covered transaction with a participant at the next lower tier, you must require that participant to-- ...


with the Department of Agriculture? Before you enter into a covered transaction at the primary tier, you as the participant must notify the Department...


will I be prevented from participating in the transaction? As a primary tier participant, your disclosure of unfavorable information about yourself or a principal...


3017.335? If we later determine that you failed to disclose information under Sec. 3017.335 that you knew at the time you entered into the covered transaction,...


after entering into a covered transaction with the Department of Agriculture? At any time after you enter into a covered transaction, you must give...


entering into a covered transaction with that participant? Before you enter into a covered transaction with a person at the next higher tier, you as a lower...


Sec. 3017.355? If we later determine that you failed to tell the person at the higher tier that you were excluded or disqualified at the time you entered into...


3017.355 after entering into a covered transaction with a higher tier participant? At any time after you enter into a lower tier covered transaction with a person at...


a transaction with an excluded or disqualified person? (a) You as an agency official may not enter into a covered transaction with an excluded person unless...


a covered transaction with a participant if a principal of the transaction is excluded? As an agency official, you may not enter into a covered transaction with...


participant's use of the services of an excluded person? After entering into a covered transaction with a participant, you as an agency official may not approve...


do if a Federal agency excludes the participant or a principal after I enter into a covered transaction? (a) You as an agency official may continue covered transactions...


transaction with an excluded or disqualified person at a lower tier? If a transaction at a lower tier is subject to your approval, you as an agency official may...


to see if a person is excluded or disqualified? As an agency official, you must check to see if a person is excluded or disqualified before you-- (a) Enter...


to see if a person is excluded or disqualified? You check to see if a person is excluded or disqualified in two ways: (a) You as an agency official must check...


require of a primary tier participant? You as an agency official must require each participant in a primary tier covered transaction to-- (a) Comply with subpart C...


I use to communicate those requirements to participants? To communicate the requirement, you must include a term or condition in the transaction requiring...


I take if a primary tier participant knowingly does business with an excluded or disqualified person? If a participant knowingly does business with an excluded...


may I take if a primary tier participant fails to disclose the information required under Sec. 3017.335? If you as an agency official determine that a participant failed...


do if a lower tier participant fails to disclose the information required under Sec. 3017.355 to the next higher tier? If you as an agency official determine that a...


The EPLS is a widely available source of the most current information about persons who are excluded or disqualified from...


whether to enter into a transaction with a person, as required under Sec. 3017.430. (b) Participants also may, but are not required to, use the EPLS to...


General Services Administration (GSA) maintains the EPLS. When a Federal agency takes an action to exclude a person under the nonprocurement or procurement debarment...


indicates-- (1) The full name (where available) and address of each excluded or disqualified person, in alphabetical order, with cross references if more than one name...


take actions to exclude persons under this part or officials who are responsible for identifying disqualified persons must enter the following information about those persons...


you have questions about a person in the EPLS, ask the point of contact for the Federal agency that placed the person's name into the EPLS. You may find the agency point of contact...


Internet, currently at http://epls.arnet.gov. (b) As of November 26, 2003, you may also subscribe to a printed version. However, we anticipate discontinuing the...


debarment actions start? When we receive information from any source concerning a cause for suspension or debarment, we will promptly report and investigate it....


from debarment? Suspension differs from debarment in that-- ------------------------------------------------------------------------ A suspending official...


the Department of Agriculture use in suspension and debarment actions? In deciding whether to suspend or debar you, we handle the actions as informally as...


Agriculture notify a person of a suspension or debarment action? (a) The suspending or debarring official sends a written notice to the last known street...


suspension and debarment actions? Yes, when more than one Federal agency has an interest in a suspension or debarment, the agencies may consider designating...


a suspension or debarment? If you are suspended or debarred, the suspension or debarment is effective as follows: (a) Your suspension or debarment...


Agriculture impute conduct of one person to another? For purposes of actions taken under this rule, we may impute conduct as follows: (a) Conduct imputed from...


Agriculture settle a debarment or suspension action? Yes, we may settle a debarment or suspension action at any time if it is in the best interest of the...


a voluntary exclusion? Yes, if we enter into a settlement with you in which you agree to be excluded, it is called a voluntary exclusion and has...


know if the Department of Agriculture agrees to a voluntary exclusion? (a) Yes, we enter information regarding a voluntary exclusion into the EPLS. (b)...


serious action. Using the procedures of this subpart and subpart F of this part, the suspending official may impose suspension only when that official determines that-- (a)...


(a) In determining the adequacy of the evidence to support the suspension, the suspending official considers how much information is available, how credible it is given the...


[Code of Federal Regulations] [Title 7, Volume 15] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR3017.710] [Page 190] TITLE 7--AGRICULTURE DEPARTMENT OF AGRICULTURE PART 3017_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart G_Suspension Sec. 3017.710 When does a suspension take effect? A suspension is effective when the suspending official signs the decision to suspend. ...


After deciding to suspend you, the suspending official promptly sends you a Notice of Suspension advising you-- (a) That you have been suspended; (b) That your suspension...


suspension, you or your representative must provide the suspending official with information in opposition to the suspension. You may do this orally or in writing, but...


or your representative must either send, or make rrangements to appear and present, the [[Page 191]] information and argument to the suspending official within 30...


(a) In addition to any information and argument in opposition, as a respondent your submission to the suspending official must identify-- (1) Specific facts...


which the suspension is based? (a) You as a respondent will not have an additional opportunity to challenge the facts if the suspending official determines that-- ...


a fair and informal manner. The suspending official may use flexible procedures to allow you to present matters in opposition. In so doing, the suspending official is...


(1) You may present witnesses and other evidence, and confront any witness presented; and [[Page 192]] (2) The fact-finder must prepare written findings of fact...


suspension? (a) The suspending official bases the decision on all information contained in the official record. The record includes-- (1) All information...


The suspending official must make a written decision whether to continue, modify, or terminate your suspension within 45 days of closing the official record. The official record...


initiated at the time of, or during your suspension, the suspension may continue until the conclusion of those proceedings. However, if proceedings are not initiated, a...


have exhausted the option provided for in Sec. 3017.720 to contest the suspension. You must file your appeal within 30 days of receiving the decision required by Sec....


(a) Conviction of or civil judgment for-- (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or...


After consideration of the causes in Sec. 3017.800 of this subpart, if the debarring official proposes to debar you, the official sends you a Notice of Proposed...


official issues a decision. The debarring official does not issue a decision until the respondent has had an opportunity to contest the...


a proposed debarment, you or your representative must provide the debarring official with information in opposition to the proposed debarment. You may do this orally or...


or your representative must either send, or make arrangements to appear and present, the information and argument to the debarring official within 30 days after you receive...


(a) In addition to any information and argument in opposition, as a respondent your submission to the debarring official must identify-- (1) Specific...


which a proposed debarment is based? (a) You as a respondent will not have an additional opportunity to challenge the facts if the debarring official determines that-- ...


a fair and informal manner. The debarring official may use flexible [[Page 195]] procedures to allow you as a respondent to present matters in opposition. In...


(1) You may present witnesses and other evidence, and confront any witness presented; and (2) The fact-finder must prepare written findings of fact for the record. (b)...


(a) The debarring official may debar you for any of the causes in Sec. 3017.800. However, the official need not debar you even if a cause for debarment exists. The official...


we must establish the cause for debarment by a preponderance of the evidence. (b) If the proposed debarment is based upon a conviction or civil judgment, the standard...


prove that a cause for debarment exists. (b) Once a cause for debarment is established, you as a respondent have the burden of demonstrating to the satisfaction of the...


lists the mitigating and aggravating factors that the debarring official may consider in determining whether to debar you and the length of your debarment period. The...


you, your period of debarment will be based on the seriousness of the cause(s) upon which your debarment is based. Generally, debarment should not exceed three years....




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