SAM EPLS: Your Responsibilities When Doing Business with SBA
SBA Standard Operating Procedure 50-10-5(F), which became effective on January 1, 2014, includes the following passage on page 10, under “Responsibilities of 7(a) lenders.”
“Lenders are responsible for consulting the System for Awards Management (SAM) Excluded Parties List System (EPLS) or successor system to determine if an employee or Agent has been debarred, suspended or otherwise excluded by SBA or other federal agency. "
The SOP includes the following passage on page 325, Subpart C, under “Who May Conduct Business with SBA.”
"Individuals and entities suspended, debarred, revoked or otherwise excluded under the SBA or Government-wide debarment regulations are not permitted to conduct business with SBA. SBA may require that an Agent supply written evidence of his or her authority to act on behalf of an applicant or CDC as a condition of revealing any information about the applicant’s or CDC’s current or prior dealings with the SBA. CDCs are responsible for consulting the System for Awards Management (SAM)/Excluded Parties List System (EPLS) to determine if an Agent has been debarred, suspended or otherwise excluded by SBA or another federal agency."
Given the above two passages, the same requirement has been placed upon 7(a) and 504 lenders to check the EPLS to assure that Excluded Parties are not working on a lender’s SBA-guaranteed loans. If your organization (Bank, CDC, Credit Union, Non-Bank Lender, Economic Development Authority, et al) has not done so already, please go into the SAM as soon as possible and create an account and check the EPLS “to determine if an employee or Agent has been debarred, suspended or otherwise excluded by SBA or other federal agency”. It is our understanding that the members of your staff that you need to clear are those that are involved with the origination, closing, servicing and/or liquidation of SBA-guaranteed loans.
Please call Bob Newman, Bill Vickery or Tom Daiber at once if you, a member of your staff, or an agent’s name appears on the EPLS.
If you have any questions, please let us know. We have worked hard to help you be comfortable working with SBA, and we don't want any of you to experience problems complying with this new requirement.