---
kind: "section"
citation: "2 C.F.R. § 180.45"
title: "2"
number: "180.45"
heading: "Do these guidelines cover persons who are disqualified, as well as those who are excluded from nonprocurement transactions?"
url: "https://uscodex.org/cfr/2/180.45"
---

# §180.45. Do these guidelines cover persons who are disqualified, as well as those who are excluded from nonprocurement transactions?


A Federal agency may add a subpart covering disqualifications to its regulation implementing these guidelines, but the guidelines in subparts A through I:

- (a) **Address disqualified persons only to—**
  - (1) Provide for their inclusion in the System for Award Management (SAM.gov) Exclusions; and
  - (2) State the responsibilities of Federal agencies and participants to check for disqualified persons before entering into covered transactions.
- (b) **Do not specify the—**
  - (1) **Transactions for which a disqualified person is ineligible.** Those transactions vary on a case-by-case basis because they depend on the language of the specific statute, Executive order, or regulation that caused the disqualification;
  - (2) Entities to which a disqualification applies; or
  - (3) **Process that a Federal agency uses to disqualify a person.** Unlike exclusion under subparts A through I of this part, disqualification is frequently not a discretionary action that a Federal agency takes and may include special procedures.

## Notes

### Authority

Authority: 31 U.S.C. 503; 31 U.S.C. 6102; 31 U.S.C. 6307; Pub. L. 103-355; Pub. L. 109-282; Pub. L. 110-252; Pub. L. 111-84; Pub. L. 113-101Pub. L. 115-232; Pub. L. 117-40; E.O. 12549; E.O. 12689.

### Source

Source: 89 FR 30115, Apr. 22, 2024, unless otherwise noted.