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debarment case basis, the relevan
(3) The ously Impro may be imp with which grave imp within the was effecte or approva
where & Co
duct, any In the come
ety may be 11-1.605
pension pre cedure set
(b) Susp As such, sh supported whether ad voking 8
should be g evidence W Istence or to importa the inferer drawn front afirmative Include an ments, suc ports, and may be me mined to be ment to do 11-1.605
(a) An the Gover dividual:
(1) Sus dence, of O Con
tempting ance of a
statutes of bids ar
ganized commissi forgery, Hon of te or any o business
as newly discovered material etise nal, reversal of a conviction, bona fide de eck
of ownership or management 01 the
elimination of the causes for reket and debarment was imposed.
(2) Debarment of a firm or imoti at- for failure to comply with the past er
of the Equal Opportunity claux
Director of the Office of Federal Cou
the Director of the Office of Federalo 04
(29 FR 10104, July 24, 1964, as amet
relating to the imposition of the
en al 2:11 at
(a) Initiation of debarment acist:
(b) Hearings. An opportunity do
(c) Scope of debarment (1) A!
(2) Each decision to include 8 kose affiliate within the scope of 8 proper
debarment is to be made on a case by which seriously case basis, after giving due regard to all question of pres the relevant facts and circumstances. Government con
(3) The criminal, fraudulent, or seri (2) For other ously improper conduct of an individual and compelling r may be imputed to the business concern sibility as a Goi with which he is connected, where such may be determi grave impropriety accomplished warrant suspens within the course of his official duty or sions related to was effected by him with the knowledge EEO clause shall or approval of that concern. Likewise, ance with regula where a concern is involved in criminal, scribed by the Se fraudulent, or seriously improper con
(b) A suspen duct, any individual who was involved agency for any In the commission of the grave impropri in (a) (1) and ety may be debarred.
may be the basis
concurrent sus $ 1-1.605 Suspension of bidders.
agency. (a) Agencies electing to utilize a sus
[29 FR 10104, July pension procedure shall employ the pro 37 FR 23338, Nov cedure set forth in this section.
Apr. 17, 1974) (b) Suspension is a drastic action and, as such, shall not be based upon an un
§ 1-1.605–2 Pei supported accusation. In assessing
pension. whether adequate evidence exists for in
(a) Period of voking a suspension,
sions shall be fc should be given to the amount of credible
pending the com) evidence which is available, to the ex tion and such leg istence or absence of corroboration as
ensue. In the e to important allegations, as well as to
action has not be the inferences which may properly be
partment of Jus drawn from the existence or absence of
from the date of affirmative facts. This assessment should
sion, the suspensi Include an examination of basic docu
unless an Assist ments, such as contracts, Inspection re
requests continua ports, and correspondence. A suspension
If such a request may be modified whenever it is deter
sion may be conti mined to be in the interest of the Govern
six months. Notie ment to do so.
moval of the susp 8 1-1.605–1 Causes and conditions on
the Department der which executive agencies may
to the expiration
In no event shall ruspend contractors
beyond 18 mont (a) An agency may, in the interest of
action has been the Government, suspend a firm or in
period. Wheneve dividual:
has been initiate (1) Suspected, upon adequate evt.
continue until th dence, of
completed. Upon (1) Commission of fraud or a criminal
sion, consideratio offense as an incident to obtaining, at
barment in acco tempting to obtain, or in the perform
this subpart. ance of a public contract: (11) Violation of the Federal antitrust
(b) Scope of sa statutes arising out of the submission
sion may include of bids and proposals: or
a concern (1irm) (w) An act in violation of the Or (2) A decision ganized Crime Control Act of 1970, or
lates in a propose commission of embezzlement, theft, dividual determis forgery, bribery, falsification, or destruc must be made on a tion of records, receiving stolen property, (3) The crimin or any other offense indicating a lack of ously improper cc business Integrity or business honesty may be imputed to
will be prompt
(8) Bids an
Inclusion upo with the PTOV le) As net
e 41-Public Contracts, Property Manager
the im- $ 1-1.605-4 Hearings,
may be requested upon recent y suspension is an outstanding inden against the firm or individual
. een sus
(b) Coordination with Departas ediately
Justice. The formal advice of the la y regis
ment of Justice concerning the
release of evidentiary material a
sible civil or criminal action agai
firm or individual shall be requestedi (1) an
receipt of a request for a hearing a Lequate
when the basis for suspension ku dal has
known to inyolve possible civil or cu
prosecution against the firm or tale
partment of Justice shall be repuesto
orary of an dings
record. Notice shall then be furnished to appearing on the 11 the firm or individual within 20 calendar be compiled and di days after receipt of the request for a desired, direct ing hearing that substantial interests of the debarment case m Government would be prejudiced if a agency which origin hearing were held but that any informa (f) Make its list
or argument in opposition to the tracting officers wit] suspension may be presented in person,
8 1-1.607 General in writing, or through representation.
tion responsibil Any information or argument submitted will be promptly considered by the head In addition to t] of the agency or his authorized repre provided in § 1-1.604 sentative and, if such action is deemed (a) Compile and warranted, the suspension shall be ter Ignated central off minated. The firm or individual shall agency a listing o:
debarments and de promptly be notified by registered mail whether the suspension is to be con
Buy American Act r tinued or terminated.
including the basis
that each executive [39 FR 13777, Apr, 17, 1974)
formed of actions 1 § 1-1.605–5 Restrictions during period agency. In general : of suspension.
Ing will be for Infori During a period of suspension of a and it is not intend Arm or individual, the following policies of, or be an additio and procedures shall be applicable:
tained by the variou (a) Bids and proposals shall not be
(b) Furnish to ar solicited from suspended contractors. If request, a copy of received, bids and proposals shall not be
the basis for debarn considered and awards for contracts
another agency for shall not be made to suspended contrac
$ 1-1.604(a) or unde
Con (b) Suspended contractors will be subject to the provisions of § 1-1.603(e) re 8 1-1.700 General. garding restrictions on subcontractors.
(a) This subpart, (39 FR 13777, Apr. 17, 1974)
programs developed 8 1-1,606 Agency procedure.
the Small Busin
(SBA) and the G Each agency shall:
having procurement (a) Establish internal procedures and
forth (1) procurem methods for giving effect to this Subpart
erence to small bus 1-1.6.
policy governing the (b) Notify the General Services Ad
curement Agencies ministration (GSA) of the name and
certificate of compe address of its central office where de
small business set-abarment information should be sent.
small business subc (c) Furnish to GSA a copy of the
and (6) informatio: notice of debarment (at time of issu
size standards. ance) on those debarments made under
(b) This subpart provisions of $ 1-1.604(a), or the Buy
United States. As u American Act, and provide GSA with
the term United Stat Information as to any removals of such
Its territories and debarments.
Rico, the Trust Ter (d) Check the list of debarred bid.
Islands, and the Dis ders furnished by GSA, and consider firms or individuals listed thereon for
(29 FR 10104, July 24
86 F.R. 84.82, June 2, 1 Inclusion upon its own list, in accordance with the provisions of this Subpart 1-1.6.
8 1-1.701 Definitia (e) As needed, request from GSA a The definitions ir copy of the notice on any debarment case throughout this Su
promptly confirm the advice in
The agency head or his designed
grant the request and hold a beau
, as provided in
(c) Coordination with the Depart of Labor. The formal advice of the sociate Solicitor (for General 11 Services) of the Department of ! shall be sought concerning the pow Impact of the release of evidentiary? terial on Department of Labor pre
ings against a firm or individual nie and
suspension is based upon a contract
violations of labor standards subje : the
legal proceedings before adminkta
law judges of the Department of Le
The agency head or his designee !
grant the request and hold a beer
, as provide
paragraphs (d) and (e) of this $ 1-2
(d) Hearing granted. If a decista
nt promptly decide after the new
firm or individual of this decision/
(e) Hearing denied. If it is determal
Annual receipts 8
(0) Food cant