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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

fraudulent,

duct, any In the come

ety may be 11-1.605

(a) Ager

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

der suspeu

(a) An the Gover dividual:

(1) Sus dence, of O Con

oliense as

tempting ance of a

statutes of bids ar

ganized commissi forgery, Hon of te or any o business

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was

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
zse, ally shall continue until remored 1

Director of the Office of Federal Cou
Is Compliance, Department of Laber

, I
the agency itself with the concurrent
th

the Director of the Office of Federalo 04

tract Compliance.

ce,

(29 FR 10104, July 24, 1964, as amet
37 FR 23337, Nov. 2, 1972)
§ 1-1.604–) Procedural requirent

relating to the imposition of the

en al 2:11 at

ment.

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(a) Initiation of debarment acist:
agency seeking to debar concernant
dividual (or any afillate thereat
cause shall furnish that party
written notice: (1) Stating that del
ment is being considered, (2)
forth the reasons for the proposed
barment, and (3) Indicating that
party will be accorded an opporter
for a hearing if he so requests will
stated period of time.

(b) Hearings. An opportunity do
hearing conducted in a manner |
scribed by agency regulations shal
accorded to any concern or indirim
which the agency proposes to debar.8
regulations shall establish procedure
safeguards which satisfy the demo
of fairness, and which, at &
mum, shall provide that informata
opposition to the proposed actions
be presented, in person or in writing, so
If desired, through an appropriate s
resentative. However, where one day
has imposed debarment upon a comme
or individual, a second agency may i
impose a similar debarment for sa
current period without according and
portunity for a hearing provided
the second agency furnishes notes
the proposed similar debarment to
party, and accords that party an open
tunity to present information in his
half to explain why the proposed stie
debarment should not be imposed
whole or in part.

(c) Scope of debarment (1) A!
barment may include all known afis
of a concern or individual. (See Il
603(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,

consideration

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

45

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record. Notice
the firm or in
days after re
hearing that
Government
hearing were
tion or argun.
suspension me
in writing, on
Any informati

will be prompt
of the agency
sentative and
warranted, the
minated. The
promptly be n
whether the
tinued or term
SFR 137'17, Ap
$1-1.605-51

of suspens
During a po
firm or individ
and procedures

(8) Bids an
solicited from
received, bids
considered an
shall not be mi
fors unless it is
to be in the be

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(b) Suspend
ject to the pro
garding restric
199 FR 13177, Ap
11-1.606 Ag
Bach agency

la) Establis
methods for gi
11.6.

(b) Notify
ministration
address of its
barment infor

(0) Furnish
notice of deb
ance) on thos
provisions of
American Ac
Information &
debarments.

(d) Check
ders furnisht
firms or ind

Inclusion upo with the PTOV le) As net

e 41-Public Contracts, Property Manager

the im- $ 1-1.605-4 Hearings,
d within
or with
(a) Request for hearing

, de
business notice of suspension unless the

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
ency or
pension

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
serious

prosecution against the firm or tale
ual. If such advice is orally given

, ty
ch the

partment of Justice shall be repuesto
ect on
of the

tment gularTosing

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

Act.
tors unless it is determined by the agency
to be in the best interest of the Govern-

Subpart 1-1.7ment.

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

47

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t be
and,

ence of

promptly confirm the advice in

The agency head or his designed
iment.

grant the request and hold a beau
deny the request

, as provided in
graphs (d) and (e) of this $10

(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
sen-

law judges of the Department of Le
i of

The agency head or his designee !

grant the request and hold a beer
t be
or shall deny the request

, as provide
'act

paragraphs (d) and (e) of this $ 1-2

4.
1 is

(d) Hearing granted. If a decista
made to grant a hearing, the firm as
dividual shall be immediately inform
and the hearing shall be held not
than 20 calendar days after receta
the request. The head of the agena
his authorized representative
whether to continue or terminate
suspension and shall promptly notif

nade

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nt promptly decide after the new

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firm or individual of this decision/
registered mail.

(e) Hearing denied. If it is determal
based upon the advice received from i
Department of Justice or the Depp
ment of Labor, that to hold a
would adversely affect possible cini
criminal prosecution or possible La
proceedings against the firm or indir
ual, this determination will be rector
to writing and made a part of the fora

t

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Major group

Plumbing
Painting
Electrical
Masonry
Plastering
Terrazzo,
Carpente
Floor layi
Roofing
Concrete
Water we
Structura
Glass and

Excavati
1795 Wrecking

Installati
Special tr

(2) Dredging.
on a contract foz
average annual re
3 fiscal years do
(see $ 1-1.701-11
ferentials which
Bed nonforeign a
forms the dredgir
of the yardage a
and specification
ment owned by
from another sr
concern.

(c) Manufactu
ding on a contrac
factured is classi

(0) Food cant
stall i It is bid
food canning a
number of emplo
Dersons, exclusit
#defined in
ment Tax Act, 2

(2) Pneumati
bidding on a
kres within Cer
30111 and 30112
value of the
Census Classifi
30112 which
United States
endar year is
the value of it
facture, (ii) the
tires within CE
30111 and 3011
worldwide due

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