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16 September 2007
 
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EPLS - Excluded Parties List System
EPLS - Excluded Parties List System
 
Nonprocurement Cause and Treatment Codes

Defines the cause and treatment code (letter/number) indicating the cause of the action and the treatment to be accorded the excluded party.



Codes

  C    C1    E    G    H 
  H1    H2    I    P    PP 
  Q    QQ    R    RR    S 
  SS    T    TT    U    UU 
  V    VV    W    WW    X 
  Y    Z    Z1 


Descriptions

C

Cause
Debarred by the Comptroller General for violation of the Davis-Bacon Act, 40 U.S.C. 276a-2(a).
Treatment
The person, or any firm, corporation, partnership, or association in which the person has an interest is ineligible to receive any contract or subcontract of the United States or District of Columbia and any contract or subcontract subject to the labor standards provisions of the statutes listed in 29 CFR 5.1 (see Code G). Debarment is for a three-year period to terminate on the date shown.
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C1

Cause
Debarment under a settlement generally with DOL (consent) agreement in which the contractor agrees to be debarred to settle government charges that contractor violated the Davis-Bacon Act.
Treatment
The contractor and any firm, corporation, partnership, or association, in which the contractor has an interest is ineligible to receive any contract or subcontract of the United States or District of Columbia or any contractor subcontract subject to the labor standards provisions of the statutes listed in 29 CFR 5.1 (see Code G). Debarment is for a three-year period. Debarment will terminate on the date shown.
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E

Cause
Debarred by an agency for violation of the Buy American Act, 41 U.S.C. 10b(b).
Treatment
Exclusions are limited to federally funded construction projects subject to the Buy American Act. Offers shall not be solicited from, nor contracts or subcontracts for the construction, alteration, or repair of public buildings or works be awarded to, the listed person. The person may be solicited for offers and awarded contracts for other than construction, alteration, or repair of public buildings or works. Debarment will terminate on the date shown.
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G

Cause
Declared ineligible by the Secretary of Labor under the authority granted in Reorganization Plan No. 14 of 1950 and based ona violation of one or more of the labor standards provisions of one or more of the following Federal statutes: Contract Work Hours and Safety Standards Act, 40 U.S.C. 327, et seq.; Copeland Act, 40 U.S.C. 276c; Hospital Survey and Construction Act, as amended by the Hospital and Medical Facilities Amendments of 1964, 42 U.S.C. 291e(a)(5); United State Housing Act of 1937, as amended, 42 U.S.C.1437j; National Housing Act, 12 U.S.C. 1715c, as amended: Housing Act of 1949, 42 U.S.C. 1459 Housing Act of 1961, 42 U.S.C. 1500c-3; Housing and Urban Development Act of 1965, 42 U.S.C. 3107;Federal-Aid Highway Act, 23 U.S.C. 113; Federal Water Pollution Control Act, 33 U.S.C. 1372; Postal Reorganization Act,39 U.S.C. 410(b)(4)(c); Public Works and Economic Development Act of 1965, 42 U.S.C. 3222; Housing and Community Development Act of 1974, 42 U.S.C. 5310; Health Professions Educational Assistance Act, 42 U.S.C. 293a(c)(7),Appalachian Regional Development Act of 1965, 40 U.S.C. App. 402; Urban Mass Transportation Act of 1964, 40 U.S.C.1609; Housing Act of 1950, 12 U.S.C. 1749a(f); Housing. Act of 1959, 12 U.S.C. 1701q(c)(3) Commercial Fisheries Research and Development Act of 1964, 16 U.S.C. 779e; National Technical Institute for the Deaf Act, 20 U.S.C. 684(b)(5);National Foundation on the Arts and Humanities Act of 1965, 20 U.S.C. 954(j); Elementary and Secondary Education Act of1965, as amended by Elementary and Secondary and other Educational Amendments of 1969, 20 U.S.C. 1232(b), Indian Self-Determination and Education Assistance Act, 25 U.S.C. 450e; Indian Health Care Improvement Act, 25 U.S.C. 1633(b); Rehabilitation Act of 1973 29 U.S.C. 776(b)(5), Job Training Act, 29 U.S.C. 1501 et seq.; Veterans Nursing Home Care Act of 1964, 38 U.S.C. 5035(a)(8); National Visitors Center Facilities Act of 1966, 40 U.S.C. 808; Health Services Research, Health Statistics, and Medical Libraries Act of 1974, 42 U.S.C. 242m(h)(2); Nurse Training Act of 1964, 42 U.S.C. 296a(b)(5); Heart Disease, Cancer, and Stroke Amendments of 1965, 42 U.S.C. 299d(b)(4); Safe Drinking Water Act, 42 U.S.C. 300j-9(e); National Health Planning and Resources Act, 42 U.S.C. 300 0-3(b)(1)(H); Demonstration Cities and Metropolitan Development Act of 1966, 42 U.S.C. 3310: 12 U.S.C. 1715c; 42 U.S.C. 1437(j); Defense Housing and Community Facilities Land Services Act of 1951, 42 U.S.C. 1592j; Special Health Revenue Sharing Act of 1975, 42 U.S.C.2689j(a)(5); Economic Opportunity Act of 1964, 42 U.S.C.2947: Headstart, Economic Opportunity and Community Partnership Act of 1974, 42 U.S.C. 299a; Older Americans Act of 1965. 42 U.S.C. 3041a(a)(4); Juvenile Delinquency Prevention Act, 42 U.S.C. 3884, New Communities Act of 1968, 42 U.S.C. 3909; Urban Growth and New Community Development Act of 1970, 42 U.S.C. 4529; Domestic Volunteers Service Act of 1973, 42 U.S.C. 5046; Developmentally Disabled Assistance and Bill of Rights Act, 42 U.S.C. 6042(4); 42 U.S.C. 6063(b)(19); National Energy Conservation Policy Act, 42 U.S.C. 6371j; Public Works Employment Act of 1976, 42 U.S.C. 6708; 42 U.S.C. 6728; Energy Conservation and Production Act, 42 U.S.C. 6881(h); Solid Waste Disposal Act, 42 U.S.C. 6979; Rail Passenger Service Act of 1970, 45 U.S.C. 565(d), Highway Speed Ground Transportation Study, 49 U.S.C. 1636(b); Airport and Airway Development Act of 1970, 49 U.S.C. 1722(b); Federal Civil Defense Act of 1950, 50 U.S.C. p. 2281i; National Capital Transportation Act of 1965, 40 U.S.C. 682(b)(4); Delaware River Basin Compact (Sec. 15.1, 75 Stat. 714, Pub. L. 87-328); Energy Security Act, 42 U.S.C. 8701 note.
Treatment
The person, or any firm, corporation, partnership, or association in which the contractor has a substantial interest is ineligible to receive any contract or subcontract for work subject to the labor standards provisions of any of the listed statutes. Debarment is for a period determined by the Secretary of Labor, not to exceed three years, to terminate on the date shown.
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H

Cause
The convicted individual or entity listed under this code is subject to restrictions on its eligibility to participate in the Federal procurement (contracts and subcontracts) and non-procurement (assistance, loan and benefits, etc.), pursuant to section 306 of the Clean Air Act, 42 U.S.C. 7606, or section 508 of the Clean Water Act, 33 U.S.C. 1368, and Executive Order 11738. These restrictions require the award official to determine the ownership, lease and supervisory status of the bidder, offeror, applicant or potential benefit recipient, at the time of award, with respect to the violating facility and whether the award will be performed at that facility.
Treatment
The convicted individual or entity is ineligible for award of a Federal contract, subcontract, assistance, loan, sub-agreement, or other benefit if he, she or it: (1) owns, leases or supervises the designated violating facility at the time of award; and (2) will perform any part of the award at the violating facility. This ineligibility applies unless the head of the Federal agency has exempted the award from this prohibition (see 40 CFR 32.215(b)), or the EPA Debarring Official has certified that the conditions that gave rise to the conviction have been corrected. For additional information, please call the EPA point of contact listed under View Agency Contacts.
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H1

Cause
For additional information, please call the EPA point of contact listed under "View Agency Contacts".
Treatment
For additional information, please call the EPA point of contact listed under "View Agency Contacts".
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H2

Cause
For additional information, please call the EPA point of contact listed under "View Agency Contacts".
Treatment
For additional information, please call the EPA point of contact listed under "View Agency Contacts".
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I

Cause
Declared ineligible based on a finding by the Assistant Secretary of Defense (Force Management Policy), under Section 558 of the National Defense Authorization Act for Fiscal Year 1995 (P.L. 103-337), that the institution of higher education has a policy of denying or preventing military recruitment on campus.
Treatment
Listed institutions of higher education are ineligible to receive any Department of Defense (DoD) funding through any contract, grant, or cooperative agreement entered into by any Federal agency. Therefore, Federal agencies shall not: (1) award any contract, grant, or cooperative agreement using DoD funds to such institutions; (2) consent to any subcontract or any subaward of DoD funds to such an institution under any contract, grant or cooperative agreement, if such subcontract or subaward requires the agency's consent; or (3) make any further payment of DoD funds under any existing contracts, grants or cooperative agreements, once an institution has been determined to be ineligible. Contact the Office of the Assistant Secretary of Defense (Force Management Policy) Military Personnel Policy if you need specific information concerning listed parties.
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P

Cause
Debarment by any Federal agency pursuant to Executive Order 12549 for violations of the Drug-Free Workplace Act of 1988, Pub. L. 100-690.
Treatment
Listed persons are excluded as participants or principals in all primary and lower tier covered transactions of all agencies. Further, agencies and participants shall not renew or otherwise extend the duration of covered transactions or consent to lower tier covered transactions with such persons. Exceptions to this treatment require a written determination by the head of the Federal agency or designee stating the reasons for entering into the transaction. Debarments are for a specified term as determined by the debarring agency and as indicated by the listing.
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PP

Cause
Denial of all Federal benefits by a sentencing judge pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988 on the basis of a conviction(s) for a Federal or State offense relating to the distribution or possession of controlled substances.
Treatment
Listed persons shall not be issued any grant, contract, loan, professional license, commercial license, provided by an agency of the United States or by appropriated funds of the United States. The denial does not include any retirement, welfare, Social Security, health, disability, veterans benefit, public housing, or other similar benefit, or any other benefit for which payments or services are required for eligibility. Veterans benefits include all benefits provided to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Services of the United States. The denial shall terminate on the date shown. Persons convicted for a third offense relating to distribution of controlled substances after the effective date of the Act shall be denied benefits permanently. Therefore, the termination date for such denials shall be listed as Permanent (Perm.)
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Q

Cause
Suspension by any Federal agency pursuant to Executive Order 12549 for violations of the Drug-Free Workplace Act of 1988, Pub. L. 100-690.
Treatment
Same as Code P, except that suspensions are temporary actions. Therefore the termination date will be listed as "Indefinite (Indef.).
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QQ

Cause
Partial denial of Federal benefits by a sentencing judge pursuant to Section 5301 of the Anti-Drug, Abuse Act of 1988 on the basis of a conviction(s) for a Federal or State offense relating to the distribution or possession of controlled substances.
Treatment
Listed persons shall not be issued grants, contracts, loans, and/or professional or commercial licenses as specified by the sentencing judge which are provided by an agency of the United States or by appropriated funds of the United States. Contact the U.S. Department of Justice's Denial of Federal Benefits Project point of contact listed. The denial does not include any retirement, welfare, Social Security, health, disability, veterans benefit, public housing, or other similar benefit, or any other benefit for which payments or services are required for eligibility. Veterans benefits include all benefits provided to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Services of the United States. The denial shall terminate on the date shown. Persons convicted for a third offense relating to distribution of controlled substances after the effective date of the Act shall be denied benefits permanently. Therefore the termination date for such denials shall be listed as "Permanent_ (Perm ). NOTE A denial of benefits under Section 5301 of the Anti-Drug Abuse Act of 1988 does not include benefits relating to long-term drug treatment programs for addiction for any person who declares himself an addict, provides a reasonable body of evidence to substantiate this declaration, and submits to a long-term treatment program for addiction, or is deemed to be rehabilitated pursuant to rules established by the Secretary of Health and Human Services. The denial of benefits may also be suspended on the basis of the person's participation or good faith effort to participate in a supervised rehabilitation program. Contact the U.S. Department of Justice's Denial of Federal Benefits Project point of contact listed to verify any assertions that the denial of benefits does not apply, or has been waived or suspended on this basis.
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R

Cause
Debarment by any Federal agency pursuant to Executive Order 12549 and the agency implementing regulations for one or more 153 of the following causes: (a) conviction or a civil judgment for fraud, violation of antitrust laws, embezzlement, theft, forgery, bribery, false statements, false claims, or other offense indicating a lack of business integrity or honesty; (b) violation of the terms of a public agreement or transaction so serious as to affect the integrity of an agency program; or (c) other causes specified in the agency implementing regulations, or such other cause of a serious or compelling nature affecting responsibility.
Treatment
Listed persons are excluded as participants or principals in all primary and lower tier covered transactions of all agencies. Further, agencies and participants shall not renew or otherwise extend the duration of covered transactions or consent to lower tier covered transactions with such persons. Exceptions to this treatment require a written determination by the head of the Federal agency or designee stating the reasons for entering the transaction. Debarments are for a specified term as determined by the debarring agency and as indicated in the listing.
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RR

Cause
Declared ineligible by the Secretary of Education in accordance with the Higher Education Act of 1965 20 U.S.C. 1145g, and the Drug-Free Schools and Communities Act of 1986, 20 U.S.C. 3224a, based upon a failure to submit a certification of adoption and implementation of a drug prevention program.
Treatment
Listed institutions of higher education, local educational agencies and State educational agencies are ineligible to receive funds or any other form of financial assistance under any Federal program. An institution or agency remains ineligible until it submits the drug prevention program certification. Therefore, the termination date will be listed as Indefinite" (Indef.). For additional information, please call the ED point of contact listed under "View Agency Contacts".
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S

Cause
Suspension by any Federal agency pursuant to Executive Order 12549 and the agency implementing regulations based on an indictment or other adequate evidence (a) to suspect the commission of an offense that is a cause for debarment or (b) that other causes for debarment under the agency regulations may exist.
Treatment
Same as Code R, except that suspensions are temporary actions and the period of suspension is indefinite. Therefore, the termination date will be listed as "Indefinite (Indef.). NOTE Debarments and suspensions taken in accordance with agency regulations issued pursuant to Executive Order 12549, which become effective on October 1, 1988, are effective throughout the Executive Branch.
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SS

Cause
Excluded by the Secretary of Education as required by the Higher Education Act of 1965, 20 U.S.C. 1145g, and the Drug-Free Schools and Communities Act of 1986, 20 U.S.C. 3224a, based on a violation of a certification of adoption and implementation of a drug prevention program.
Treatment
Listed institutions of higher education, local educational agencies and State educational agencies are ineligible to receive funds or any other form of financial assistance under any Federal program. An institution or agency must comply with the requirements and procedures for reinstatement of eligibility applicable to any Federal program under which it desires to receive Federal financial assistance. Therefore, the termination date for such denials will be listed as "Indefinite. (Indef). For additional information, please call the ED point of contact listed under "View Agency Contacts".
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T

Cause
Acceptance of a voluntary exclusion in accordance with the terms of an agreement with a Federal agency.
Treatment
In accordance with Executive Order 12549 and the agency implementing regulations, these persons are excluded in accordance with the terms of their settlements. Agencies must contact the agency taking the action to ascertain the extent of the exclusion or the limit on the person's participation, in covered transactions.
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TT

Cause
Debarred by the Department of State pursuant to Section 38 of the Arms Control Act, 22 U.S.C. 2778, and Section 127.6 or 128 of the International Traffic in Arms Regulations, 22 CFR 127-128, for one or more of the following causes: criminally violating or conspiring to violate Section 38 of the Arms Control Act; violating Section 38 of the Arms Control Act; or violating the International Traffic in Arms Regulations when the violation is of such a character as to provide a reasonable basis to believe that the violator cannot be relied upon to comply with Section 38 of the Arms Control Act or the International Traffic in Arms Regulations in the future.
Treatment
Listed persons are prohibited from participating directly or indirectly in the export of defense articles or United States origin related technical data or in the furnishing of defense services for which a Department of State license or approval is required.
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U

Cause
Declared ineligible by the Secretary of Labor in accordance with Executive Order No. 11246, as amended (30 FR 12319, September 28, 1965; 32 FR 14303, October 13, 1967; 43 FR 46501, October 5, 1978), and based on the contractor's or subcontractor's failure to satisfy its obligations under the Equal Opportunity Clause of a federally assisted construction contract.
Treatment
The contractor or subcontractor and its officers, agents, successors, divisions and subsidiaries are ineligible for the award of any federally assisted construction contract or subcontract, or for the extension or modification of existing federally assisted construction contracts or subcontracts. Debarment is for an indefinite period of time pending the contractor's or subcontractor's compliance with Executive Order 11246 and its implementing regulations. Therefore, termination date will be listed as "Indefinite (Indef.).
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UU

Cause
Suspended by the Department of State pursuant to Section 38 and 42 of the Arms Export Control Act, 22 U.S.C. 2778 and Section 126.7 of the International Traffic in Arms Regulations, 22 CFR 126.7(a).
Treatment
Listed persons are prohibited from participating directly or indirectly in the export of defense articles or United States origin related technical data or in the furnishing of defense services for which a Department of State license or approval is required.
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V

Cause
Terminated from eligibility by the Secretary of Education under the authority of the Higher Education Act of 1965, as amended; and 34 CFR Part 668, Subpart G; and 34 CFR Part 682, Subpart G.
Treatment
The educational institution or lender is ineligible to participate in Federal student aid programs. This action is only applicable to Department of Education programs authorized under Title IV of the Higher Education Act of 1965, as amended. Ineligibility under a termination is for a period of 18 months, to terminate on the date shown.
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VV

Cause
License or approval revoked by the Department of State pursuant to Section 38 and 42 of the Arm export Control Act, 22 U.S.C. 2778, and Section 126.7 of the International Traffic in Arms Regulations, 22 CFR 126.7(a).
Treatment
Listed persons are prohibited from participating directly or indirectly in the export of defense articles or United States origin related technical data or in the furnishing of defense services for which a Department of State license or approval is required.
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W

Cause
Suspended for the same cause as V, above.
Treatment
Same as V, except that the period of ineligibility is 60 days, which may be extended by agreement or by initiation of other proceedings. If the suspension date has been extended please call the ED point of contact listed under "View Agency Contacts".
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WW

Cause
Conviction of fraud or any other felony, on or after September 29, 1988, arising out of a contract with the Department of Defense as required by the 1993 National Defense Authorization Act 10 U.S.C. 2408.
Treatment
Listed individuals are prohibited from serving in a management or supervisory capacity on any DoD contract or first-tier subcontract; serving on the board of directors, or as a consultant, agent or representative for any DoD contractor or first tier subcontractor; or serving in any other capacity with the authority to influence, advise, or control the decisions of any DoD contractor or subcontractor with regard to any DoD contract or first-tier subcontract.
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X

Cause
Debarment, suspension, or equivalent exclusion by an agency prior to the October 1, 1988, effective date for the agency's rule implementing Executive Order 12549. These actions will generally be effective only in the Nonprocurement programs of the agency taking the action.
Treatment
Applicable to all Nonprocurement programs of the agency taking the action. When used by other agencies, such listings are for informational purposes only, but should be considered by program officials as reflecting acts, or circumstances, which may have a bearing on the person's responsibility, and which may serve as a basis for debarment or suspension of the person by the agency. For further information, contact the liaison of the agency taking the action.
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Y

Cause
Debarment, suspension, or equivalent exclusion by an agency prior to the October 1,1988, effective date for the agency's rule implementing Executive Order 12549. Authority for the actions generally limit the effects of the action to a specific Nonprocurement program within the agency. These actions will generally be effective in only specific Nonprocurement programs of the agency taking the action.
Treatment
Applicable only to specified Nonprocurement programs of the agency taking the action. When used by other agencies, such listings are for informational purposes only, but should be considered by program officials as reflecting acts, or circumstances, which may have a bearing on the person's responsibility, and which may serve as a basis for debarment or suspension of the person by the agency. For specific information on the nature of the action and scope of the exclusion, contact the liaison of the agency taking the action.
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Z

Cause
Excluded by the Department of Health and Human Services from participation in Title XVIII (Medicare), Title XIX (Medicaid), Title V (Maternal and Child Health Programs) and Title XX (Block Grants to States for Social Services Programs) of the Social Security Act under the authority of Title XI of that Act, and all other Federal nonprocurement programs.
Treatment
Exclusions are limited to the four specific health care programs referred to above. The effect of an exclusion is that payment may not be made by the programs for any items or services furnished (except an emergency item or service) by an excluded party. If the party is a physician, no payment may be made for any items or services furnished, ordered, or prescribed. This code is applicable only to those parties who were excluded prior to the enactment of the Federal Acquisition Streamlining Act in 1994, after which the scope of all exclusions encompasses both Federal procurement and nonprocurement programs.
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Z1

Cause
Excluded by the Department of Health and Human Services and all other Federal procurement and nonprocurement programs. In addition, for exclusions imposed on or after August 5, 1997, the scope of the exclusions encompasses all Federal health care programs.
Treatment
For exclusions imposed prior to August 5, 1997, the scope is limited to the four health care programs specifically referenced above. For exclusions imposed on or after August 5, 1997, the scope includes all Federal health care programs. The effect of an exclusion is that payment may not be made by the programs for any items or services furnished (except an emergency item or service) by an excluded party. If the party is a physician, payment may not be made for any items or services furnished, ordered, or prescribed. Contact the Health and Human Services liaison shown under the heading "For Additional Information" in the front of this issue is you need specific information concerning listed parties.
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