Nonprocurement Suspension and Debarment, 34953-34955 [2024-08855]
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34953
Rules and Regulations
Federal Register
Vol. 89, No. 85
Wednesday, May 1, 2024
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
INTERNATIONAL DEVELOPMENT
FINANCE CORPORATION
2 CFR Chapter XVI
Nonprocurement Suspension and
Debarment
U.S. International Development
Finance Corporation.
ACTION: Final rule.
AGENCY:
The U.S. International
Development Finance Corporation
(DFC) is issuing a final rule to
implement its nonprocurement
debarment and suspension regulations.
With this regulatory action, DFC adopts
Office of Management and Budget
(OMB) regulations with some agency
specific additions and clarifications.
This final rule states what contracts are
covered under this regulation, identifies
the official authorized to grant
exceptions to an excluded persons list,
and states the person responsible for
communicating requirements to both
first and second tier program
participants. Elements not addressed in
this regulation are covered by the
Governmentwide sections in the
common rule.
DATES: This rule is effective May 30,
2024.
FOR FURTHER INFORMATION CONTACT:
Agency Submitting Officer: Deborah
Papadopoulos, (202) 357–3979, Email:
fedreg@dfc.gov.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
I. Background
Executive Order 12549 (51 FR 6370,
February 18, 1986) established a
Governmentwide debarment and
suspension system covering the full
range of Federal procurement and
nonprocurement activities, and
established procedures for debarment
and suspension from participation in
Federal nonprocurement programs.
Section 6 of the Executive order
authorized OMB to issue guidelines to
Executive departments and agencies
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that govern which programs and
activities are covered by the Executive
order, prescribe Governmentwide
criteria and Governmentwide minimum
due process procedures, and set forth
other related details for the effective
administration of the guidelines.
Section 3 directed agencies to issue
implementing regulations that are
consistent with OMB guidelines.
OMB issued an interim final guidance
that implemented a common rule for
Governmentwide Debarment and
Suspension (Nonprocurement). This
common rule is codified in part 180 of
title 2 of the Code of Federal
Regulations (70 FR 51864, August 31,
2005). In addition to restating and
updating its guidance on
nonprocurement debarment and
suspension, the interim final guidance
requires all Federal agencies to adopt a
new approach to Federal agency
implementation of the guidance. OMB
requires each agency to issue a brief rule
that: (1) Adopts the guidance, giving it
regulatory effect for that agency’s
activities; and (2) states any agencyspecific additions, clarifications, and
exceptions to the Governmentwide
policies and procedures contained in
the guidance.
Under this system, a person who is
debarred or suspended is excluded from
Federal financial and nonfinancial
assistance and benefits under Federal
programs and activities. Debarment or
suspension of a participant in a program
by one agency is registered with the
General Services Administration (GSA)maintained System for Award
Management (SAM) exclusion list and
has Governmentwide, reciprocal effect
on that participant’s ability to obtain
procurement and nonprocurement
contracts.
DFC published its proposed rule
regarding nonprocurement suspension
and debarment on January 5, 2024 (89
FR 714). During the public comment
period, we received two comments,
which are addressed in §§ 1600.220 and
1600.890 (see the corrections published
on January 22, 2024 (89 FR 3896), and
March 8, 2024 (89 FR 16701)).
Regulatory Analysis
Executive Order 12866
DFC is an independent agency and is
not subject to Executive Order 12866.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Regulatory Flexibility Act of 1980 (5
U.S.C. 605(b))
This regulatory action will not have a
significant adverse impact on a
substantial number of small entities.
Unfunded Mandates Act of 1995
This regulatory action does not
contain a Federal mandate that will
result in the expenditure by State, local,
and Tribal governments, in aggregate, or
by the private sector of $100 million or
more in any one year.
Paperwork Reduction Act of 1995
This rule does not impose any
additional reporting or recordkeeping
requirements under the Paperwork
Reduction Act.
Federalism (Executive Order 13132)
This regulatory action does not have
federalism implications, as set forth in
Executive Order 13132. It will not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
List of Subjects in 2 CFR Part 1600
Administrative practice and
procedure, Assistance programs,
Debarment and suspension, Reporting
and recordkeeping requirements.
For the reasons set forth in the
preamble, under the authority at 2 CFR
180.30, the United States International
Development Finance Corporation adds
2 CFR chapter XVI, consisting of parts
1600 through 1699, to read as follows:
■
Chapter XVI—US International
Development Finance Corporation
PART 1600—NONPROCUREMENT
DEBARMENT AND SUSPENSION
PARTS 1601–1699 [RESERVED]
PART 1600—NONPROCUREMENT
DEBARMENT AND SUSPENSION
Sec.
1600.10
1600.20
1600.30
What does this part do?
Does this part apply to me?
What regulations must I follow?
Subpart A—General
1600.137 Who in DFC may grant an
exception to let an excluded person
participate in a covered transaction?
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Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Rules and Regulations
Subpart B—Covered Transactions
1600.215 Which nonprocurement
transactions are not covered
transactions?
1600.220 What contracts and subcontracts
are covered transactions?
Subpart C—Responsibilities of Participants
Regarding Transactions
1600.332 What requirements must I pass
down to persons at lower tiers with
whom I intend to do business?
Subpart D—Responsibilities of Federal
Agency Officials Regarding Transactions
1600.437 What method do I use to
communicate to a participant the
requirements for participating in a
covered transaction?
Subparts E–F [Reserved]
Subpart G—Suspension
1600.765 How may I request
reconsideration of my DFC suspension?
Subpart H—Debarment
1600.890 How may I request
reconsideration of my DFC debarment?
Subpart I—Definitions
1600.930 Debarring official.
1600.1010 Suspending official.
Authority: Sec. 2455, Pub. L. 103–355, 108
Stat. 3327 (31 U.S.C. 6101 note); E.O. 12549,
51 FR 6370, 3 CFR, 1986 Comp., p. 189; E.O.
12689, 54 FR 34131, 3 CFR, 1989 Comp., p.
235.
§ 1600.10
What does this part do?
This part adopts the Office of
Management and Budget (OMB)
guidance in subparts A through I of 2
CFR part 180, as supplemented by this
part, as the U.S. International
Development Finance Corporation
(DFC) regulations for non-procurement
debarment and suspension. It thereby
gives regulatory effect for DFC to the
OMB guidance as supplemented by this
part. 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 section
2455 of the Federal Acquisition
Streamlining Act of 1994, Public Law
103–355 (31 U.S.C. 6101 note).
ddrumheller on DSK120RN23PROD with RULES1
§ 1600.20
Does this part apply to me?
This part and, through this part,
pertinent portions of the OMB guidance
in subparts A through I of 2 CFR part
180 (see table at 2 CFR 180.100(b))
apply to you if you are a—
(a) Participant or principal in a
‘‘covered transaction’’ (see 2 CFR part
180, subpart B, and the definition of
‘‘non-procurement transaction’’ at 2 CFR
180.970);
(b) Respondent in a DFC suspension
or debarment action;
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(c) DFC suspending or debarring
official; and
(d) DFC investment, guarantee,
insurance or grant official authorized to
enter into any type of non-procurement
transaction that is a covered transaction.
§ 1600.30
Subpart C—Responsibilities of
Participants Regarding Transactions
What regulations must I follow?
The DFC regulations that you must
follow are the regulations specified in
each applicable section of the OMB
guidance in subparts A through I of 2
CFR part 180 as that section is
supplemented by the section in this part
with the same section number or by
additional provisions with no
corresponding section number. For any
section of OMB guidance in subparts A
through I of 2 CFR part 180 that has no
corresponding section in this part, DFC
regulations are those in the OMB
guidance.
Subpart A—General
§ 1600.137 Who in DFC may grant an
exception to let an excluded person
participate in a covered transaction?
The Chief Executive Officer (CEO) of
DFC or designee may grant an exception
permitting an excluded person to
participate in a particular covered
transaction. If the CEO of DFC 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.
Subpart B—Covered Transactions
§ 1600.215 Which nonprocurement
transactions are not covered transactions?
In addition to the nonprocurement
transactions which are not covered
transactions under 2 CFR 180.215, any
nonprocurement transaction entered
into under a primary tier
nonprocurement transaction that does
not require DFC explicit prior consent is
not a covered transaction under 2 CFR
180.215(g)(2).
§ 1600.220 What contracts and
subcontracts are covered transactions?
First-tier procurements (i.e., primary
contracts) under a covered
nonprocurement transaction are covered
transactions. Although the OMB
guidance at 2 CFR 180.220(c) allows a
Federal agency to do so (see also
optional lower tier coverage in the
figure in the appendix to 2 CFR part
180), DFC does not extend coverage of
nonprocurement suspension and
debarment requirements beyond firsttier procurement under a covered
nonprocurement transaction. Moreover,
for purposes of determining whether a
procurement contract is included as a
PO 00000
covered transaction, the threshold in 2
CFR 180.220(b) is increased from
$25,000 to the ‘‘simplified acquisition
threshold’’ as defined in 48 CFR 2.101.
Frm 00002
Fmt 4700
Sfmt 4700
§ 1600.332 What requirements must I pass
down to persons at lower tiers with whom
I intend to do business?
You, as a participant, must include a
term or condition in lower-tier
transactions that are covered
transactions, requiring lower-tier
participants to comply with the OMB
guidance in 2 CFR part 180, subpart C,
as supplemented by this subpart.
Subpart D—Responsibilities of Federal
Agency Officials Regarding
Transactions
§ 1600.437 What method do I use to
communicate to a participant the
requirements for participating in a covered
transaction?
To communicate to a participant the
requirements described in 2 CFR
180.435, you must include provisions in
the contractual documentation of the
transaction to ensure compliance with 2
CFR part 180, subpart C, as
supplemented by subpart C of this part.
The provisions must also require the
participant to include similar terms or
conditions of compliance in lower-tier
covered transactions.
Subparts E–F [Reserved]
Subpart G—Suspension
§ 1600.765 How may I request
reconsideration of my DFC suspension?
(a) If the DFC suspending official
issues a decision under 2 CFR 180.755
to continue your suspension after you
present information in opposition to
that suspension under 2 CFR 180.720,
you can ask the suspending official to
reconsider the decision for material
errors of fact or law that you believe will
change the outcome of the matter.
(b) A request for review under this
section must be in writing; state the
specific findings you believe to be in
error; and include the reasons or legal
bases for your position.
(c) The suspending official must
notify you of their decisions under this
section, in writing, using the notice
procedures at 2 CFR 180.615 and
180.975.
Subpart H—Debarment
§ 1600.890 How may I request
reconsideration of my DFC debarment?
(a) If the DFC debarring official issues
a decision under 2 CFR 180.870 to debar
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Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Rules and Regulations
you after you present information in
opposition to a proposed debarment
under 2 CFR 180.815, you can ask the
debarring official to reconsider the
decision for material errors of fact or
law that you believe will change the
outcome of the matter.
(b) A request for review under this
section must be in writing; state the
specific findings you believe to be in
error; and include the reasons or legal
bases for your position.
(c) DFC may debar a person or entity
for refusing to engage in efforts to
remediate identified environmental,
social, and human rights harm
stemming from their activities,
including harm that may be identified
through a DFC Office of Accountability
complaints process.
(d) The debarring official must notify
you of their decisions under this
section, in writing, using the notice
procedures at 2 CFR 180.615 and
180.975.
Subpart I—Definitions
§ 1600.930
Debarring official.
The debarring official for DFC is the
Vice President & Chief Administrative
Officer, Office of Administration, or
designee as delegated in Agency policy.
§ 1600.1010
Suspending official.
The suspending official for DFC is the
Vice President & Chief Administrative
Officer, Office of Administration, or
designee as delegated in Agency policy.
PARTS 1601–1699 [RESERVED]
Dated: April 10, 2024.
Lisa Wischkaemper,
Assistant General Counsel, Office of the
General Counsel, U.S. International
Development Finance Corporation.
[FR Doc. 2024–08855 Filed 4–30–24; 8:45 am]
BILLING CODE 3210–02–P
DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Rural Housing Service
Rural Utilities Service
ddrumheller on DSK120RN23PROD with RULES1
7 CFR Parts 1719, 1738, 1739, 1774,
1775, 3570, 4274, 4279, 4280, and 4288
[Docket Number: RHS–22–ADMIN–0025]
Rural Development Regulations With
the Unique Entity Identifier (UEI) for
Federal Awards
Rural Business-Cooperative
Service, Rural Housing Service, Rural
Utilities Service, USDA.
AGENCY:
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ACTION:
Final rule.
The Rural BusinessCooperative Service (RBCS), Rural
Housing Service (RHS), and Rural
Utilities Services (RUS), agencies in the
United States Department of Agriculture
(USDA) Rural Development (RD)
Mission area, are issuing a final rule to
update RD program regulations by
removing references to the Data
Universal Numbering System (DUNS)
numbers and replacing them with the
new Unique Entity Identifier (UEI) as
the primary means of identifying
entities registered for Federal awards
government-wide in the System for
Award Management (SAM).
DATES: Effective date: May 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Lauren Cusick, Rural Development
Innovation Center—Regulations
Management Division, United States
Department of Agriculture, 1400
Independence Avenue SW, South
Building, Washington, DC 20250–1522.
Telephone: (202) 720–1414. Email:
lauren.cusick@usda.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
RD is a mission area within USDA
comprised of RBCS, RHS, and RUS that
strives to increase economic
opportunity and improve the quality of
life for all rural Americans. RD invests
in rural America with loan, grant, and
loan guarantee programs to help drive
economic security and prosperity. These
programs help expand access to highspeed internet, electric,
telecommunications, and transportation
infrastructure as well as support
business growth, healthcare, education,
housing, and other community
essentials.
In 2016, the Federal Government
revised both the Federal Acquisition
Regulation (FAR) and title 2 of the Code
of Federal Regulations (CFR) to remove
any proprietary references to the DUNS.
On July 10, 2019, the General Services
Administration (GSA) published a
notice in the Federal Register at 84 FR
32916, announcing a public meeting
that was held on July 25, 2019. During
this meeting, GSA presented
information on replacing the DUNS
with a governmentwide UEI. A
universal identifier is required under
titles 2 and 48 of the CFR for all
applicants (non-individuals), recipients,
and subrecipients of Federal agency
awards.
On April 4, 2022, the universal
identifier used across the Federal
Government transitioned from using the
DUNS number to the UEI, which is now
PO 00000
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34955
the official identifier for doing business
with the Federal Government. UEIs are
required in accordance with 2 CFR part
25, and this transition has resulted in
the UEI being issued by the Federal
Government through SAM which is a
government-wide registry for any entity
doing business with the Federal
Government, from securing Federal
contracts to receiving Federal financial
assistance. SAM centralizes information
in conducting the acquisition and
financial assistance which includes
grants and cooperative agreements
processes and provides a central
location for Federal award recipients to
change organizational information. The
use of an UEI means entities no longer
rely on a third party to obtain an
identifier which has allowed the
government to streamline the entity
identification and validation process,
making it easier and less burdensome
for entities to do business with the
Federal Government.
The Administrative Procedures Act
exempts from prior notice any actions
‘‘relating to agency management or
personnel or to public property, loans,
grants, benefits, or contracts’’ (5 U.S.C.
553(b)(A)): therefore, RD is issuing this
action as a final rule.
II. Summary of Changes
This final rule will update the
remaining RBCS, RHS, and RUS
regulations that are still using a DUNS
number reference and replace it with
the UEI. This change will make it clear
that the UEI will be required, unless
exempt, when applying for Federal
awards from RD. The following is a
summary, by regulation, of the changes
made:
1. 7 CFR part 1719. Section
1719.5(b)(2)(ii) was updated to replace
the requirement for a DUNs number
with the UEI.
2. 7 CFR part 1738. Section 1738.202
was updated to remove paragraph (b)
that addressed the DUNs number, the
remaining paragraphs were
redesignated, and the new paragraph (b)
was updated to incorporate the UEI with
the SAM registration information and
the reference to a commercial and
Government Entity (CAGE) code in
paragraph (c) was removed as that is no
longer required.
3. 7 CFR part 1739. Section 1739.10
was updated to remove paragraph (c)
that addressed the DUNs number,
paragraph (d) was redesignated as
paragraph (c) and the new paragraph
(c)(1) was updated to incorporate the
UEI with the SAM registration
information.
4. 7 CFR part 1774. Section 1774.2
was updated to remove the definition of
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Agencies
- INTERNATIONAL DEVELOPMENT FINANCE CORPORATION
[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 34953-34955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08855]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Rules
and Regulations
[[Page 34953]]
INTERNATIONAL DEVELOPMENT FINANCE CORPORATION
2 CFR Chapter XVI
Nonprocurement Suspension and Debarment
AGENCY: U.S. International Development Finance Corporation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. International Development Finance Corporation (DFC)
is issuing a final rule to implement its nonprocurement debarment and
suspension regulations. With this regulatory action, DFC adopts Office
of Management and Budget (OMB) regulations with some agency specific
additions and clarifications. This final rule states what contracts are
covered under this regulation, identifies the official authorized to
grant exceptions to an excluded persons list, and states the person
responsible for communicating requirements to both first and second
tier program participants. Elements not addressed in this regulation
are covered by the Governmentwide sections in the common rule.
DATES: This rule is effective May 30, 2024.
FOR FURTHER INFORMATION CONTACT: Agency Submitting Officer: Deborah
Papadopoulos, (202) 357-3979, Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Executive Order 12549 (51 FR 6370, February 18, 1986) established a
Governmentwide debarment and suspension system covering the full range
of Federal procurement and nonprocurement activities, and established
procedures for debarment and suspension from participation in Federal
nonprocurement programs. Section 6 of the Executive order authorized
OMB to issue guidelines to Executive departments and agencies that
govern which programs and activities are covered by the Executive
order, prescribe Governmentwide criteria and Governmentwide minimum due
process procedures, and set forth other related details for the
effective administration of the guidelines. Section 3 directed agencies
to issue implementing regulations that are consistent with OMB
guidelines.
OMB issued an interim final guidance that implemented a common rule
for Governmentwide Debarment and Suspension (Nonprocurement). This
common rule is codified in part 180 of title 2 of the Code of Federal
Regulations (70 FR 51864, August 31, 2005). In addition to restating
and updating its guidance on nonprocurement debarment and suspension,
the interim final guidance requires all Federal agencies to adopt a new
approach to Federal agency implementation of the guidance. OMB requires
each agency to issue a brief rule that: (1) Adopts the guidance, giving
it regulatory effect for that agency's activities; and (2) states any
agency-specific additions, clarifications, and exceptions to the
Governmentwide policies and procedures contained in the guidance.
Under this system, a person who is debarred or suspended is
excluded from Federal financial and nonfinancial assistance and
benefits under Federal programs and activities. Debarment or suspension
of a participant in a program by one agency is registered with the
General Services Administration (GSA)-maintained System for Award
Management (SAM) exclusion list and has Governmentwide, reciprocal
effect on that participant's ability to obtain procurement and
nonprocurement contracts.
DFC published its proposed rule regarding nonprocurement suspension
and debarment on January 5, 2024 (89 FR 714). During the public comment
period, we received two comments, which are addressed in Sec. Sec.
1600.220 and 1600.890 (see the corrections published on January 22,
2024 (89 FR 3896), and March 8, 2024 (89 FR 16701)).
Regulatory Analysis
Executive Order 12866
DFC is an independent agency and is not subject to Executive Order
12866.
Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))
This regulatory action will not have a significant adverse impact
on a substantial number of small entities.
Unfunded Mandates Act of 1995
This regulatory action does not contain a Federal mandate that will
result in the expenditure by State, local, and Tribal governments, in
aggregate, or by the private sector of $100 million or more in any one
year.
Paperwork Reduction Act of 1995
This rule does not impose any additional reporting or recordkeeping
requirements under the Paperwork Reduction Act.
Federalism (Executive Order 13132)
This regulatory action does not have federalism implications, as
set forth in Executive Order 13132. It will not have substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government.
List of Subjects in 2 CFR Part 1600
Administrative practice and procedure, Assistance programs,
Debarment and suspension, Reporting and recordkeeping requirements.
0
For the reasons set forth in the preamble, under the authority at 2 CFR
180.30, the United States International Development Finance Corporation
adds 2 CFR chapter XVI, consisting of parts 1600 through 1699, to read
as follows:
Chapter XVI--US International Development Finance Corporation
PART 1600--NONPROCUREMENT DEBARMENT AND SUSPENSION
PARTS 1601-1699 [RESERVED]
PART 1600--NONPROCUREMENT DEBARMENT AND SUSPENSION
Sec.
1600.10 What does this part do?
1600.20 Does this part apply to me?
1600.30 What regulations must I follow?
Subpart A--General
1600.137 Who in DFC may grant an exception to let an excluded person
participate in a covered transaction?
[[Page 34954]]
Subpart B--Covered Transactions
1600.215 Which nonprocurement transactions are not covered
transactions?
1600.220 What contracts and subcontracts are covered transactions?
Subpart C--Responsibilities of Participants Regarding Transactions
1600.332 What requirements must I pass down to persons at lower
tiers with whom I intend to do business?
Subpart D--Responsibilities of Federal Agency Officials Regarding
Transactions
1600.437 What method do I use to communicate to a participant the
requirements for participating in a covered transaction?
Subparts E-F [Reserved]
Subpart G--Suspension
1600.765 How may I request reconsideration of my DFC suspension?
Subpart H--Debarment
1600.890 How may I request reconsideration of my DFC debarment?
Subpart I--Definitions
1600.930 Debarring official.
1600.1010 Suspending official.
Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31
U.S.C. 6101 note); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p.
189; E.O. 12689, 54 FR 34131, 3 CFR, 1989 Comp., p. 235.
Sec. 1600.10 What does this part do?
This part adopts the Office of Management and Budget (OMB) guidance
in subparts A through I of 2 CFR part 180, as supplemented by this
part, as the U.S. International Development Finance Corporation (DFC)
regulations for non-procurement debarment and suspension. It thereby
gives regulatory effect for DFC to the OMB guidance as supplemented by
this part. 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 section 2455 of the Federal Acquisition
Streamlining Act of 1994, Public Law 103-355 (31 U.S.C. 6101 note).
Sec. 1600.20 Does this part apply to me?
This part and, through this part, pertinent portions of the OMB
guidance in subparts A through I of 2 CFR part 180 (see table at 2 CFR
180.100(b)) apply to you if you are a--
(a) Participant or principal in a ``covered transaction'' (see 2
CFR part 180, subpart B, and the definition of ``non-procurement
transaction'' at 2 CFR 180.970);
(b) Respondent in a DFC suspension or debarment action;
(c) DFC suspending or debarring official; and
(d) DFC investment, guarantee, insurance or grant official
authorized to enter into any type of non-procurement transaction that
is a covered transaction.
Sec. 1600.30 What regulations must I follow?
The DFC regulations that you must follow are the regulations
specified in each applicable section of the OMB guidance in subparts A
through I of 2 CFR part 180 as that section is supplemented by the
section in this part with the same section number or by additional
provisions with no corresponding section number. For any section of OMB
guidance in subparts A through I of 2 CFR part 180 that has no
corresponding section in this part, DFC regulations are those in the
OMB guidance.
Subpart A--General
Sec. 1600.137 Who in DFC may grant an exception to let an excluded
person participate in a covered transaction?
The Chief Executive Officer (CEO) of DFC or designee may grant an
exception permitting an excluded person to participate in a particular
covered transaction. If the CEO of DFC 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.
Subpart B--Covered Transactions
Sec. 1600.215 Which nonprocurement transactions are not covered
transactions?
In addition to the nonprocurement transactions which are not
covered transactions under 2 CFR 180.215, any nonprocurement
transaction entered into under a primary tier nonprocurement
transaction that does not require DFC explicit prior consent is not a
covered transaction under 2 CFR 180.215(g)(2).
Sec. 1600.220 What contracts and subcontracts are covered
transactions?
First-tier procurements (i.e., primary contracts) under a covered
nonprocurement transaction are covered transactions. Although the OMB
guidance at 2 CFR 180.220(c) allows a Federal agency to do so (see also
optional lower tier coverage in the figure in the appendix to 2 CFR
part 180), DFC does not extend coverage of nonprocurement suspension
and debarment requirements beyond first-tier procurement under a
covered nonprocurement transaction. Moreover, for purposes of
determining whether a procurement contract is included as a covered
transaction, the threshold in 2 CFR 180.220(b) is increased from
$25,000 to the ``simplified acquisition threshold'' as defined in 48
CFR 2.101.
Subpart C--Responsibilities of Participants Regarding Transactions
Sec. 1600.332 What requirements must I pass down to persons at lower
tiers with whom I intend to do business?
You, as a participant, must include a term or condition in lower-
tier transactions that are covered transactions, requiring lower-tier
participants to comply with the OMB guidance in 2 CFR part 180, subpart
C, as supplemented by this subpart.
Subpart D--Responsibilities of Federal Agency Officials Regarding
Transactions
Sec. 1600.437 What method do I use to communicate to a participant
the requirements for participating in a covered transaction?
To communicate to a participant the requirements described in 2 CFR
180.435, you must include provisions in the contractual documentation
of the transaction to ensure compliance with 2 CFR part 180, subpart C,
as supplemented by subpart C of this part. The provisions must also
require the participant to include similar terms or conditions of
compliance in lower-tier covered transactions.
Subparts E-F [Reserved]
Subpart G--Suspension
Sec. 1600.765 How may I request reconsideration of my DFC suspension?
(a) If the DFC suspending official issues a decision under 2 CFR
180.755 to continue your suspension after you present information in
opposition to that suspension under 2 CFR 180.720, you can ask the
suspending official to reconsider the decision for material errors of
fact or law that you believe will change the outcome of the matter.
(b) A request for review under this section must be in writing;
state the specific findings you believe to be in error; and include the
reasons or legal bases for your position.
(c) The suspending official must notify you of their decisions
under this section, in writing, using the notice procedures at 2 CFR
180.615 and 180.975.
Subpart H--Debarment
Sec. 1600.890 How may I request reconsideration of my DFC debarment?
(a) If the DFC debarring official issues a decision under 2 CFR
180.870 to debar
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you after you present information in opposition to a proposed debarment
under 2 CFR 180.815, you can ask the debarring official to reconsider
the decision for material errors of fact or law that you believe will
change the outcome of the matter.
(b) A request for review under this section must be in writing;
state the specific findings you believe to be in error; and include the
reasons or legal bases for your position.
(c) DFC may debar a person or entity for refusing to engage in
efforts to remediate identified environmental, social, and human rights
harm stemming from their activities, including harm that may be
identified through a DFC Office of Accountability complaints process.
(d) The debarring official must notify you of their decisions under
this section, in writing, using the notice procedures at 2 CFR 180.615
and 180.975.
Subpart I--Definitions
Sec. 1600.930 Debarring official.
The debarring official for DFC is the Vice President & Chief
Administrative Officer, Office of Administration, or designee as
delegated in Agency policy.
Sec. 1600.1010 Suspending official.
The suspending official for DFC is the Vice President & Chief
Administrative Officer, Office of Administration, or designee as
delegated in Agency policy.
PARTS 1601-1699 [RESERVED]
Dated: April 10, 2024.
Lisa Wischkaemper,
Assistant General Counsel, Office of the General Counsel, U.S.
International Development Finance Corporation.
[FR Doc. 2024-08855 Filed 4-30-24; 8:45 am]
BILLING CODE 3210-02-P