GovGazette
Menu

Exclusion reference

Clean Air Act or Clean Water Act eligibility restrictions

Code H
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 . 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 Environment Protection Agency (EPA) Debarring Official has certified that the conditions that gave rise to the conviction have been corrected. For more information about ineligibility under this cause and treatment code, please call the EPA point of contact listed under  View Agency Contacts.

Historical guidance: legal citations and thresholds may have changed. Check the current rule and issuing agency.

Record identifierlegacy-h