(b) The frequency of incidents and/or duration of the wrongdoing. (B) Such a number of contractor employees convicted of violations of criminal drug statutes occurring in the workplace as to indicate that the contractor has failed to make a good faith effort to provide a drug-free workplace (see 23.504). Section 793); and/or the Vietnam Era Veterans' Readjustment . 38013812). (a) Interlocking management or ownership; (b) Identity of interests among family members; (e) A business entity which has been organized following the exclusion of a person which has the same or similar management, ownership, or principal employees as the excluded person. Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions? (b) Pronouns used within this part, such as I and you, change from subpart to subpart depending on the audience being addressed. [48 FR 42142, Sept. 19, 1983, as amended at 54 FR 4968, Jan. 31, 1989; 54 FR 19815, May 8, 1989; 55 FR 21707, May 25, 1990; 59 FR 11372, Mar. The debarring official may extend the debarment decision to include any affiliates of the contractor if they are. Jun 28, 2022 As you enter into new federally funded contracts this year, you need to know if your contractor has been banned from doing business with the federal government. full text search results This contact form is only for website help or website suggestions. When will I know whether the suspension is continued or terminated? 29, 2014; 83 FR 28148, June 15, 2018; 84 FR 19845, May 6, 2019; 86 FR 3679, Jan. 14, 2021]. This part adopts a governmentwide system of debarment and suspension for Department of the Treasury nonprocurement activities. (c) A contractor's debarment, or proposed debarment, shall be effective throughout the executive branch of the Government, unless the agency head or a designee (except see 23.506(e)) states in writing the compelling reasons justifying continued business dealings between that agency and the contractor. If I disclose unfavorable information required under 19.335, will I be prevented from participating in the transaction? Choosing an item from 180.825 What information must I provide to the debarring official if I contest the proposed debarment? user convenience only and is not intended to alter agency intent SAM.gov The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS 22, 2008; 73 FR 67091, Nov. 12, 2008; 79 FR 24199, Apr. (b) You as a respondent or your representative must submit any documentary evidence you want the suspending official to consider. Commonly referred to as suspension and debarment, these requirements are fairly easy to comply with, yet they are one of SAO's most common audit findings. Yes, you as a participant are responsible for determining whether any of your principals of your covered transactions is excluded or disqualified from participating in the transaction. Debarments under 9.4062(b)(2) may be extended for additional periods of one year if the Secretary of Homeland Security or the Attorney General determines that the contractor continues to be in violation of the employment provisions of the Immigration and Nationality Act. [54 FR 19815, May 8, 1989, as amended at 56 FR 29127, June 25, 1991; 59 FR 67033, Dec. 28, 1994; 60 FR 33066, June 26, 1995; 60 FR 48237, Sept. 18, 1995; 68 FR 69251, Dec. 11, 2003; 69 FR 76349, Dec. 20, 2004; 71 FR 57366, Sept. 28, 2006; 75 FR 77740, Dec. 13, 2010; 76 FR 39238, July 5, 2011; 78 FR 37678, June 21, 2013; 80 FR 38296, July 2, 2015; 83 FR 48696, Sept. 26, 2018; 85 FR 27090, May 6, 2020; 86 FR 3678, Jan. 14, 2021; 86 FR 61021, Nov. 4, 2021]. When you enter into a covered transaction with another person at the next lower tier, you must verify that the person with whom you intend to do business is not excluded or disqualified. 12549 and all similar actions taken by Federal, state, or local agencies, including administrative agreements that affect only those agencies; (3) All criminal and civil proceedings not included in the Notice of Suspension that grew out of facts relevant to the cause(s) stated in the notice; and. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (2) Reversal of the conviction or civil judgment upon which the debarment was based; (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the debarment was imposed; or. This part satisfies the requirements in section 3 of Executive Order 12549, Debarment and Suspension (3 CFR 1986 Comp., p. 189), Executive Order 12689, Debarment and Suspension (3 CFR 1989 Comp., p. 235) and 31 U.S.C. Contractors debarred, suspended, or proposed for debarment are also excluded from conducting business with the Government as agents or representatives of other contractors. You may do so using any method(s), unless 19.440 requires you to use specific methods. (3) The suspending official may modify or terminate the suspension or leave it in force (for example, see 9.4064(c) for the reasons for reducing the period or extent of debarment). 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 the disqualification applies; or. Suspension and debarment is an administrative tool used to protect the integrity of federal programs. How does suspension differ from debarment? They also include responsibilities if you subsequently enter into other covered transactions with persons at the next lower tier. Please do not provide confidential (b) Although this subpart does cover the listing of ineligible contractors (9.404) and the effect of this listing (9.405), it does not prescribe policies and procedures governing declarations of ineligibility except for contractors that have been declared ineligible pursuant to 10 U.S.C. The F.D.A. (2) A contractor, based on a determination by the Secretary of Homeland Security or the Attorney General of the United States, that the contractor is not in compliance with Immigration and Nationality Act employment provisions (see Executive Order 12989, as amended by Executive Order 13286). Such determination is not reviewable in the debarment proceedings. [85 FR 67621, Oct. 23, 2020, as amended at 86 FR 61021, Nov. 4, 2021], (a) When a contractor debarred, suspended, or proposed for debarment is proposed as a subcontractor for any subcontract subject to Government consent (see subpart 44.2), contracting officers shall not consent to subcontracts with such contractors unless the agency head states in writing the compelling reasons for this approval action. What must I do if I learn of information required under 19.355 after entering into a covered transaction with a higher tier participant? As a (d) SAM is available via https://www.sam.gov, [78 FR 37678, June 21, 2013, as amended at 81 FR 67739, Sept. 30, 2016; 83 FR 48696, Sept. 26, 2018]. May I ask the debarring official to reconsider a decision to debar me? (4) Whether the contractor cooperated fully with Government agencies during the investigation and any court or administrative action. The official, published CFR, is updated annually and available below under 23, 2010; 77 FR 201, Jan. 3, 2012; 83 FR 42572, Aug. 22, 2018; 84 FR 19845, May 6, 2019], (1) Debarment shall be for a period commensurate with the seriousness of the cause(s). (4) Prompt written notice of the suspending official's decision shall be sent to the contractor and any affiliates involved, by certified mail, return receipt requested. 06/08/2023 Revised FDA Debarment List (Drug Product Applications) - Analay Rico. 12549 and all similar actions taken by Federal, State, or local agencies, including administrative agreements that affect only those agencies; (3) All criminal and civil proceedings not included in the Notice of Proposed Debarment that grew out of facts relevant to the cause(s) stated in the notice; and, (a) You as a respondent will not have an additional opportunity to challenge the facts if the debarring official determines that. (c) Suspension constitutes suspension of all divisions or other organizational elements of the contractor, unless the suspension decision is limited by its terms to specific divisions, organizational elements, or commodities. (2) Bids received from any listed contractor in response to an invitation for bids shall be entered on the abstract of bids, and rejected unless the agency head determines in writing that there is a compelling reason to consider the bid. (b) If legal proceedings are not initiated within 12 months after the date of the suspension notice, the suspension shall be terminated unless an Assistant Attorney General requests its extension, in which case it may be extended for an additional 6 months. Are any procurement contracts included as covered transactions? For example, if you have been found by another Federal agency or a State agency to have engaged in wrongdoing similar to that found in the debarment action, the existence of this fact may be used by the debarring official in determining that you have a pattern or prior history of wrongdoing. If you work for a Federal agency, use this drafting INTRODUCTION Section 306(k) of the Federal Food, Drug, and Cosmetic Act (the Act) (21 U.S.C. (c) Act as a principal of a person participating in one of those covered transactions. (c) Conduct imputed from one organization to another organization. If a participant knowingly does business with an excluded or disqualified person, you as an agency official may refer the matter for suspension and debarment consideration. or any similar bilateral or multilateral export control agreement. (b) Participants also may, but are not required to, use the EPLS to determine if, (1) Principals of their transactions are excluded or disqualified, as required under 19.320; or. Background and more details are available in the A debarring official is either. However, the official need not debar you even if a cause for debarment exists. (2) Your presentation in opposition raises a genuine dispute over facts material to the suspension. (i) In actions in which additional proceedings are necessary as to disputed material facts, written findings of fact shall be prepared. (2) State responsibilities of Federal agencies and participants to check for disqualified persons before entering into covered transactions. FAR). GSA's Suspension & Debarment Division issues agency protest decisions and provides direct support to GSA's APO. will also bring you to search results. (2) An official designated by the agency head. You should make a decision about whether to terminate and the type of termination action, if any, only after a thorough review to ensure that the action is proper and appropriate. After deciding to suspend you, the suspending official promptly sends you a Notice of Suspension advising you, (3) Other adequate evidence that you have committed irregularities which seriously reflect on the propriety of further Federal Government dealings with you; or. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. (a) Exclusion or excluded, which refers only to discretionary actions taken by a suspending or debarring official under this part or the Federal Acquisition Regulation (48 CFR part 9, subpart 9.4); (b) Disqualification or disqualified, which refers to prohibitions under specific statutes, executive orders (other than Executive Order 12549 and Executive Order 12689), or other authorities. (b) Specifically, a contract for goods or services is a covered transaction if any of the following applies: (1) The contract is awarded by a participant in a nonprocurement transaction that is covered under 19.210, and the amount of the contract is expected to equal or exceed $25,000. Debarment or suspension of an organization or individual excludes that company or individual from doing business with the Federal Government. 180.835 Are debarment proceedings . The debarring official may reject any such findings, in whole or in part, only after specifically determining them to be arbitrary and capricious or clearly erroneous. (1) Agencies shall establish procedures governing the suspension decisionmaking process that are as informal as is practicable, consistent with principles of fundamental fairness. (a) Investigation and referral. The meaning of debarment from government contracts means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. (5) Any debarred or suspended contractor who bids on a Government contract (including those who indicate debarment or suspension on required certifications). (iii) Update the exclusion record in SAM, generally within 5 working days after modifying or rescinding an action; (4) In accordance with internal retention procedures, maintain records relating to each debarment, suspension, or proposed debarment taken by the agency; (5) Establish procedures to ensure that the agency does not solicit offers from, award contracts to, or consent to subcontracts with contractors who have an active exclusion record in SAM, except as otherwise provided in this subpart; (6) Direct inquiries concerning listed contractors and other entities to the agency or other authority that took the action; and. When a Federal agency takes an action to exclude a person under the nonprocurement or procurement debarment and suspension system, the agency enters the information about the excluded person into the EPLS. (3) Whether the contractor has fully investigated the circumstances surrounding the cause for debarment and, if so, made the result of the investigation available to the debarring official. What notice does the debarring official give me if I am proposed for debarment? (i) Referring to the notice of proposed debarment; (ii) Specifying the reasons for debarment; (iii) Stating the period of debarment, including effective dates; and. . Why is it important if a particular transaction is a covered transaction? (a) For suspension actions, we use the procedures in this subpart and subpart G of this part. What information must I provide before entering into a covered transaction with the Department of the Treasury? (f) Whether and to what extent you planned, initiated, or carried out the wrongdoing. This is an automated process for Contractor means any individual or other legal entity that, (1) Directly or indirectly (e.g., through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a Government contract, including a contract for carriage under Government or commercial bills of lading, or a subcontract under a Government contract; or. The suspending official is either: Suspension is an action taken by a suspending official under subpart G of this part that immediately prohibits a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1) for a temporary period, pending completion of an agency investigation and any judicial or administrative proceedings that may ensue. Disqualified means that a person is prohibited from participating in specified Federal procurement or nonprocurement transactions as required under a statute, Executive order (other than Executive Orders 12549 and 12689) or other authority. May the debarring official extend a debarment? The Federal Acquisition Regulation (FAR) is the statute that prescribes the policies and procedures governing the debarment and suspension of contractors by federal government agencies. (c) The debarring official may reduce the period or extent of debarment, upon the contractor's request, supported by documentation, for reasons such as. The official record closes upon the suspending official's receipt of final submissions, information and findings of fact, if any. What must I require of a primary tier participant? [48 FR 42142, Sept. 19, 1983, as amended at 54 FR 4968, Jan. 31, 1989; 55 FR 21707, May 25, 1990; 59 FR 11373, Mar. (a) Debarment proceedings are conducted in a fair and informal manner. (a) In determining the adequacy of the evidence to support the suspension, the suspending official considers 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. developer resources. Excluded Parties List System (EPLS) means the list maintained and disseminated by the General Services Administration (GSA) containing the names and other information about persons who are ineligible. A liability is not finally determined if there is a pending administrative or judicial challenge. What action may I take if a primary tier participant fails to disclose the information required under 19.335? (2) Modifying or rescinding an exclusion action; (3) Finding that a person is disqualified; or. (9) Whether the contractor has had adequate time to eliminate the circumstances within the contractor's organization that led to the cause for debarment. (c) Notice of proposal to debar. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. (b) You or your representative must submit any documentary evidence you want the debarring official to consider. (3) Proposals, quotations, or offers received from any listed contractor shall not be evaluated for award or included in the competitive range, nor shall discussions be conducted with a listed offeror during a period of ineligibility, unless the agency head determines, in writing, that there is a compelling reason to do so. May a settlement include a voluntary exclusion? Debarment and suspension are discretionary actions that, taken in accordance with this subpart, are appropriate means to effectuate this policy. (3) With regard to information that may be covered by a disclosure exemption under the Freedom of Information Act, the suspending official shall follow the procedures at 9.1052(b)(2)(iv). Imposes debarment for a specified period as a final determination that a person is not presently responsible. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. If a suspension has preceded your debarment, the debarring official must consider the time you were suspended. To communicate the requirements, you must include a term or condition in the transaction requiring the participants' compliance with subpart C of this part and requiring them to include a similar term or condition in lower-tier covered transactions. (See 19.615.). user convenience only and is not intended to alter agency intent This web site is designed for the current versions of [48 FR 42142, Sept. 19, 1983, as amended at 54 FR 19814, May 8, 1989; 56 FR 15149, Apr. You may also disallow costs, annul or terminate the transaction, issue a stop work order, or take any other appropriate remedy. (d) Have had one or more public transactions (Federal, State, or local) terminated within the preceding three years for cause or default. (v) Delinquent Federal taxes in an amount that exceeds the threshold at 9.1045(a)(2). How does the Department of the Treasury notify a person of a suspension or debarment action? (b) The suspending official may extend the 12 month limit under paragraph (a) of this section for an additional 6 months if an office of a U.S. Assistant Attorney General, U.S. Attorney, or other responsible prosecuting official requests an extension in writing. Exclusions in the System for Award Management. What notice does the suspending official give me if I am suspended? (2) The suspending official is responsible for the timely submission, within 3 working days, and accuracy of the documentation regarding the administrative agreement. (a) Voluntary exclusion means a person's agreement to be excluded under the terms of a settlement between the person and one or more agencies. How do I check to see if a person is excluded or disqualified? This content is from the eCFR and may include recent changes applied to the CFR. (a) Enter into a primary tier covered transaction; (b) Approve a principal in a primary tier covered transaction; (c) Approve a lower tier participant if agency approval of the lower tier participant is required; or. information or personal data. The U.S. Food and Drug Administration maintains a list of persons and individuals who are debarred, meaning they are effectively forbidden from working in the drug industry. (a) The fraudulent, criminal, or other seriously improper conduct of any officer, director, shareholder, partner, employee, or other individual associated with a contractor may be imputed to the contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the contractor, or with the contractor's knowledge, approval, or acquiescence. (c) The fraudulent, criminal, or other seriously improper conduct of one contractor participating in a joint venture or similar arrangement may be imputed to other participating contractors if the conduct occurred for or on behalf of the joint venture or similar arrangement, or with the knowledge, approval, or acquiescence of these contractors. It is the policy of the Department of State that statutory debarment lasts for a three year period following conviction. If the Secretary of the Treasury grants an exception, the exception must be in writing and state the reason(s) for deviating from the governmentwide policy in Executive Order 12549.
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