Section 180.25 - [Effective 10/1/2024] What must a Federal agency address in its implementation of the guidance?Each Federal agency's implementing regulation:
(a) Must establish policies and procedures for that Federal agency's nonprocurement debarment and suspension programs and activities consistent with this guidance. When adopted by a Federal agency, the provisions of the guidance have a regulatory effect on that Federal agency's programs and activities.(b) Must address some matters for which these guidelines give each Federal agency some discretion. Specifically, the regulation must: (1) Identify either the Federal agency head or the title of the designated official who is authorized to grant exceptions under § 180.135 to let an excluded person participate in a covered transaction.(2) State whether the Federal agency includes as covered transactions an additional tier of contracts awarded under covered nonprocurement transactions, as permitted under § 180.220(c) .(3) Identify the method(s) a Federal agency official may use when entering into a covered transaction with a primary tier participant to communicate to the participant the requirements described in § 180.435 . Examples of methods are an award term that requires compliance as a condition of the award, an assurance of compliance obtained at the time of application, or a certification.(4) State whether the Federal agency specifies a particular method that participants must use to communicate compliance requirements to lower tier participants, as described in § 180.330(a) . If there is a specified method, the regulation must require Federal agency officials to communicate that requirement when entering into covered transactions with primary tier participants.(c) May also, at the Federal agency's option: (1) Identify any specific types of transactions the Federal agency includes as "nonprocurement transactions" in addition to the examples provided in § 180.970 .(2) Identify any types of nonprocurement transactions that the Federal agency exempts from coverage under these guidelines, as authorized under § 180.215(g)(2) .(3) Identify specific examples of types of individuals who would be "principals" under the Federal agency's nonprocurement programs and transactions, in addition to the types of individuals described in § 180.995 .(4) Specify the Federal agency's procedures, if any, by which a respondent may appeal a suspension or debarment decision.(5) Identify by title the officials designated by the Federal agency head as debarring officials under § 180.930 or suspending officials under § 180.1010 .(6) Include a subpart covering disqualifications, as authorized in § 180.45 .(7) Include any provisions authorized by OMB.