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agency does not award contracts for transportation to debarred or SUSpended carriers.

(51 FR 24338, July 3, 1986)

88 101-40.404-3-101-40.4045 [Re

served]

tenders, tenders of service, commercial or Government bills of lading, and similar arrangements to or from specified transportation facilities.

(0) Transportation facility means an agency installation, depot, or shipping and receiving point which handles Government traffic.

(p) Transportation officer means agency traffic managers or other officials responsible for managing bill of lading type commitments. Agencies may designate other personnel as transportation officers for the purpose of imposing temporary nonuse status provided such designations are consistent with the individual's current duties and responsibilities.

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§ 101-40.405 Agency records.

(a) At a minimum, each agency's records relating to a carrier's temporary nonuse shall, in accordance with the agency's internal records retention procedures, contain the following information:

(1) The name, address, and Standard Carrier Alpha Code (SCAC) (see 41 CFR 101-41.310-2(a)) of each carrier placed in temporary nonuse status;

(2) The duration and scope of the temporary nonuse status;

(3) The cause for imposing temporary nonuse, and the facts which demonstrate the existence of such a cause;

(4) Information and arguments in opposition to the imposition of temporary nonuse period submitted by the carrier or his/her representative; and

(5) The reviewing official's determination regarding maintaining or removing the temporary nonuse status.

(b) Records concerning debarment or suspension of carriers shall be maintained in accordance with 48 CFR 9.4063 and 9.407-3.

8 101-40.404-1 Listing temporary non

use carriers. Each agency that places a carrier in temporary nonuse shall:

(a) Compile and maintain a current list of carriers placed in temporary nonuse;

(b) Direct inquiries concerning the listed carriers to the transportation officer that took the action; and

(c) Establish procedures to provide for the effective use of the list to ensure that the scope and duration of the temporary nonuse status are communicated to all affected transportation facilities.

(51 FR 24338, July 3, 1986)

[51 FR 24338, July 3, 1986; 51 FR 27539, Aug. 2, 1986]

g 101-40.404–2 Listing debarred or sus

pended carriers. (a) Carriers which have been debarred or suspended by agency debarring/suspending officials will be included on the consolidated list in accordance with the procedures established at 48 CFR 9.404.

(b) Agency transportation officers should make arrangements for access to the consolidated list through their agency's debarring and/or suspending official.

(c) Agencies shall establish effective internal procedures for the use of the consolidated list to ensure that the

8 101-40.406 Treatment to be accorded

debarred or suspended carriers. (a) Carriers debarred or suspended by an agency in accordance with 48 CFR subpart 9.4 shall be excluded from receiving awards of contracts for transportation. Debarment and suspension shall be applied on a Governmentwide basis on the named carriers and their named affiliates.

(b) Prior to requesting transportation services, agencies shall review the consolidated list for debarred or suspended carriers. If a carrier is listed, the carrier shall receive such treatment as specified therein.

(51 FR 24338, July 3, 1986)

§ 101-40.407 Agency coordination.

When more than one agency has an interest in debarring or suspending a carrier, consideration shall be given to designating one agency as the lead agency for making a decision. Similarly, when the cause for considering placing a carrier in temporary nonuse status involves more than one transportation facility, consideration should be given to designating one transportation officer as the lead official for the decision.

(51 FR 24339, July 3, 1986)

g 101-40.408 Temporary nonuse.

§ 101-40.408–1 General.

The agency's authorized transportation officer may, in the best interest of the Government, place a carrier in temporary nonuse for a period not to exceed 90 consecutive days for any of the causes contained in $101–40.408–2 using the procedures in $101-40.408–3, except that if a carrier fails within the period specified to correct the cause(s) for which temporary nonuse was imposed, the period of nonuse will be extended an additional 30 days for debarment referral. The existence of a cause for temporary nonuse under $10140.408-2 does not necessarily require that a carrier be placed in temporary nonuse; the seriousness of the carrier's acts or omissions and any mitigating factors should be considered in making a temporary nonuse decision. A carrier placed in temporary nonuse is excluded from participating in the agency's transportation activities and programs to the extent and for the period specified. The extent or scope of temporary nonuse may be limited to those agency transportation facilities which have experienced the problems leading to the imposition of temporary nonuse on which may be reasonably expected to experience similar problems. Temporary nonuse shall not be extended to unaffected facilities solely for punitive reasons or to damage the carrier's operations.

(a) Willful violations of the terms of the tariffs, tenders of service, commercial or Government bills of lading, or similar arrangements determining the relationship of the parties;

(b) Persistent and/or willful failure to meet requested packing/pickup service requirements;

(c) Deliveries exceeding time-in-transit standards when established by the Government; e.g., the GSA household goods tender of service and transit times established for shipments from agencies or the GSA Federal Supply Service distribution centers;

(d) Failure to meet required delivery dates on commercial or Government bills of lading;

(e) Failure to furnish and use clean and safe vehicles and freight handling equipment;

(f) Violation of Department of Transportation (DOT) hazardous materials regulations;

(g) Mishandling of freight; e.g., damaged or missing transportation seals, or improper loading, blocking, packing, or bracing of property;

(h) Excessive damage or loss to material transported;

(i) Improper routing;

(j) Failure to pay just debts so as to subject Government shipments to possible frustration, unlawful seizure, or detention;

(k) Failure to maintain insurance coverage;

(1) Operating without legal authority;

(m) Failure to settle claims in accordance with applicable Government regulations; and

(n) Repeated failure to comply with the regulations of the DOT, the Interstate Commerce Commission (ICC), or State or local governments; or failure to comply with other applicable Government regulations.

(51 FR 24339, July 3, 1986)

[51 FR 24339, July 3, 1986)

$ 101-40.408–2 Causes for temporary

§ 101-40.408-3 Procedures.

(a) Investigation and referral. Agencies shall prescribe procedures for placing a carrier in temporary nonuse. Further, the procedures shall provide that a carrier which fails, within the period of temporary nonuse, to correct the cause(s) for which temporary nonuse was imposed shall be referred to the

nonuse.

A carrier may be placed in temporary nonuse for the causes listed in paragraphs (a) through (n) of this section.

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agency's debarring official for appro- presentation, orally or in writing, or priate action.

through a representative, to a des(b) Notice of proposal to place a carrier ignated agency reviewing official. This in temporary nonuse. The carrier shall presentation shall be held within 5 be notified by certified mail with re- workdays of the transportation offiturn receipt requested of the following cer's receipt of the carrier's request for information:

a review of his/her decision. The re(1) The effective dates of the pro- viewing official shall: posed temporary nonuse;

(i) Consider the carrier's submission, (2) The extent or scope of the pro- investigate the contentions made, and posed temporary nonuse including the

make written findings of fact concernspecific transportation facilities to

ing the matters in dispute; which the period of exclusion will be

(ii) Assess mitigating factors and corapplicable;

rective measures proposed by the car(3) The facts relied on to support the

rier; specified cause(s) for temporary non

(iii) Determine whether the facts, as use;

found during his/her review, support a (4) A period of 7 calendar days from

cause for imposition of the period of the date the transportation officer's

temporary nonuse proposed by the notice is received during which the car

transportation officer; and rier may submit in person, in writing,

(iv) Inform the carrier of the result of or through a representative, rebuttal

his/her review within 5 workdays of reinformation and arguments opposing

ceiving the carrier's submission or the temporary nonuse;

presentation. (5) A period of 5 workdays during which the transportation officer will

(3) The effective date of the period of evaluate the carrier's rebuttal informa

temporary nonuse may be delayed if

there is a review by a designated agention and opposing arguments and render a decision;

cy viewing official. Should a period (6) The availability of an appeal of

of temporary nonuse be imposed folthe transportation officer's decision to

lowing such a review, the period of a reviewing official, provided the re- temporary nonuse shall be adjusted to quest for review is received within 5

reflect the period proposed by the work days of receipt of the transpor

transportation officer unless a diftation officer's decision;

ferent period is recommended by the (7) The corrective action required by

reviewing official. the carrier to be removed from tem- (d) Decision to impose temporary nonporary nonuse; and

use. In actions in which a carrier does (8) An additional nonuse period of 30

not request a review of the transporcalendar days during which the carrier

tation officer's decision, the transporthat fails to correct the cause(s) for

tation officer shall make a decision on temporary nonuse will be referred to

the basis of all the information conthe agency's debarring official for ap

tained in the administrative record, inpropriate action.

cluding any submission by the carrier. (c) Decision-making process. (1) Agen

The Transportation officer shall inform cies shall prescribe procedures govern

the carrier of his/her decision within 5 ing the temporary nonuse decision- workdays of the closing of the period making process, which shall be as in- for evaluating the carrier's informaformal as practicable, consistent with tion and arguments or his/her receipt principles of fundamental fairness. The of the reviewing officer's report. This procedures shall afford the carrier an

decision shall be communicated in opportunity to submit in person, in

writing, by return receipt mail, and writing, or through a representative,

shall include notice of: information and argument in opposi- (1) The extent or scope of the period tion to a temporary nonuse status.

of nonuse including the specific trans(2) If the carrier requests a review of portation facilities affected by the pethe transportation officer's decision, riod of temporary nonuse; the transportation officer shall afford (2) The effective dates of the period the carrier an opportunity to make a of temporary nonuse;

(3) The corrective action, if any, necessary to be removed from temporary nonuse status;

(4) An additional period of 30 calendar days for debarment referral if the conduct leading to the imposition of the period of temporary nonuse continues; and

(5) Procedures for the carrier to obtain a review of the transportation officer's decision by a designated reviewing official.

(51 FR 24339, July 3, 1986; 51 FR 27539, Aug. 2, 1986)

seriousness of the carrier's acts or omissions and the mitigating factors should be considered in making any debarment decision.

(b) Debarment of a carrier constitutes debarment of all divisions or other organizational elements of the carrier, unless the debarment decision is limited by its terms to specific divisions or organizational elements. The debarring official may extend the debarment decision to include any affiliates of the carrier, if the affiliates are

(1) Specifically named and

(2) Given written notice of the proposed debarment and an opportunity to respond.

(C) A carrier's debarment shall apply to all agencies including the Department of Defense unless the head of the agency requiring transportation services, or an authorized representative, states in writing the compelling reasons justifying continued business dealings between that agency and the carrier.

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[51 FR 24340, July 3, 1986; 51 FR 27539, Aug. 2, 1986)

Temporary nonuse shall be for a period commensurate with the seriousness of the cause(s) for temporary nonuse, but not for more than 90 consecutive days, except that the period of temporary nonuse may be extended an additional 30 calendar days for debarment referral when the carrier fails to correct the cause(s) for which temporary nonuse was imposed. The transportation officer, for good cause, may impose temporary nonuse beginning the same day that the notice of proposed temporary nonuse is given when continued use of the carrier's services would place the Government at risk. The transportation officer may consider terminating the temporary nonuse or reducing the period of temporary nonuse, upon the carrier's application, supported by documentation, for reasons deemed appropriate by the transportation officer, such as:

(a) Newly discovered material evidence;

(b) Bona fide change in the carrier's ownership or management; or

(c) Elimination of the cause(s) for which temporary nonuse was imposed.

§ 101-40.409-2 Causes for debarment.

The debarring official may debar a carrier for any of the following reasons:

(a) Failure of a carrier, within the prescribed period of temporary nonuse, to correct any of the causes listed in $ 101–40.408-2;

(b) Conviction of or civil judgment for:

(1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a contract for transportation;

(2) Violation of Federal or State antitrust statutes;

(3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or

(4) Commission of any other offense indicating a lack of business integrity or business honesty which seriously and directly affects the present responsibility of the carrier as a transporter of the Government's property or the

(51 FR 24340, July 3, 1986)

8 101-40.409 Debarment.

8 101-40.409–1 General.

(a) The debarring official may, in the best interest of the Government, debar a carrier for any of the causes contained in 8101-40.409–2, using the procedures provided in 48 CFR 9.406-3. The existence of a cause for debarment under $101-40.409–2 does not necessarily require that a carrier be debarred; the

household goods of its employees relocated in the interest of the Government.

(c) Violation of the terms of a contract for transportation so serious as to justify debarment, such as:

(1) Willful failure to perform in accordance with the terms of one or more contracts for transportation, or

(2) A history of failure to perform, or of unsatisfactory performance of, one or more contracts for transportation;

(d) Any other cause of so serious or compelling a nature that it affects the present responsibility of the carrier; or

(e) Debarment for any of the causes stated in paragraphs (a) through (d) of this section by another agency where the orignal debarment did not have Governmentwide effect.

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(51 FR 24340, July 3, 1986)

8 101-40.410 Suspension.

$ 101-40.410-2 Causes for suspension.

(a) The suspending official may suspend a carrier suspected upon adequate evidence of:

(1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a contract for transportation;

(2) Violation of Federal or State antitrust statutes;

(3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or

(4) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of the carrier as a transporter of the Government's property the household goods of its employees relocated in the interest of the Government.

(b) Indictment for any of the causes in paragaph (a) of this section constitutes adequate evidence for suspension;

(c) The suspending official, may upon adequate evidence also suspend a carrier for any other cause of so serious or compelling a nature that it affects the present responsiblity of a carrier; or

(d) A carrier may be suspended for any of the above causes based on a suspension by another agency where the original suspension does not have Governmentwide effect.

8 101-40.410-1 General.

(a) The suspending official may, in the Government's best interest, suspend a carrier for any of the causes stated in $101-40.410-2, using the procedures provided in 48 CFR 9.407–3.

(b) Suspension is a serious action to be imposed on the basis of adequate evidence of one or more of the causes set forth in § 101-40.410–2, pending the completion of investigation or legal proceedings, when it has been determined that immediate action is necessary to protect the Government's interest. In assessing the adequacy of the evidence, consideration should be given to how much information is available, how credible it is given the circumstances, whether or not important allegations are corroborated, and what inferences can reasonably be drawn as a result. This assessment should include an examination of basic documents such as contracts of carriage, loss or damage reports, and correspondence, as appropriate.

(c) Suspension of a carrier constitutes suspension of all divisions or other organizational elements of the carrier, unless the suspension decision is limited by its terms to specific divisions or organizational elements. The suspending official may extend the sus

or

(51 FR 24340, July 3, 1986)

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