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Federal Ree ster / Vol . 70 . No . 168 / Wednesday , August 31 , 2005 / Rules and Regulations 51873
<br /> §180.6I0 What procedures does a Federal §I80 .630 Maya Federal agency impute the § 180e645 Do other Federal agencies know
<br /> agency use in suspension and debarment conduct of one person to another? if an agency agrees to a voluntary
<br /> actions? exclusion?
<br /> In deciding whether to suspend or For purposes of actions taken under (a ) Yes , the Federal agency agreeing to
<br /> debar you , a Federal agency handles the this part, Federal agenc }r may impute;
<br /> conduct ass the voluntary exclusion enters
<br /> actions as informally as practicable , follows : information about it into the EPLS4
<br /> consistent with principles of (a.) Conduct imputed from an (b) Also , any agency or person may
<br /> fundamental fairness , individual to an organization . A Federal contact the Federal agency that agreed
<br /> ( a) For suspension actions , a Federal agency may impute the fraudulent , to the voluntary exclusion to find out
<br /> agency uses the procedures in this criminal , or other improper conduct of the details of the voluntary exclusion ,
<br /> subpart and Subpart G of this pari, any officer , director , shareholder ,
<br /> partner , employee , or other individual Subpart G—Suspension
<br /> ( b ) For debarment actions, a Federal associated with an organization , to that
<br /> agency uses the procedures in this § 180 .700 When may the suspending
<br /> subpart and Subpart H of this Dart , organization when the improper official issue a suspension ?
<br /> conduct occurred in connection with Suspension is a serious action . Using
<br /> § 180 ,615 How does a Federal agency the individual ' s performance of duties the procedures of this subpart and
<br /> notify a person of a suspension or for or on behalf of that organization , or Subpart F of this part, the suspending
<br /> debarment action? with the organization ' s knowledge , official may impose suspension only
<br /> ( a) The suspending or debarring approval or acquiescence , The when that official determines that—
<br /> official sends a written notice to the last organization ' s acceptance of the benefits ( a) There exists an indictment for
<br />, or
<br /> known street address , facsimile number , derived from the conduct is evidence of other adequate evidence to suspect, an
<br /> or e-mail address of— knowledge , approval oracquiescence . offense listed under § 180 .800(a) , or
<br /> ( 1 ) You or your identified counsel ; or (b ) Conduct imputed from an (b) There exists adequate evidence to
<br /> t organization to an individual, or
<br /> suspect any other cause for debarment
<br /> ( 2 ) Your agent for service o process , G listed under § 180 . 800 (b) through (d ) ;
<br /> -or any of your partners , officers , between individuals . A Federal agency and
<br /> directors , owners , or joint venturers , may impute the fraudulent, criminal , or ( c) Immediate action is necessary to
<br /> (b) The notice is effective if sent to other improper conduct of any protect the public interest,
<br /> any of these persons , organization to an individual , or from
<br /> one individual to another individual , if § 180 .705 What does the suspending
<br /> § 180.620 Do Federal agencies coordinate the individual to whom the improper official consider in issuing a suspension?
<br /> suspension and debarment actions? conduct is imputed either participated (a) In determining the adequacy of the
<br /> Yes , when more than one Federal in , had knowledge of, or reason to know evidence to support the suspension , the
<br /> agency has an interest in a suspension of the improper conduct. suspending official considers how much
<br /> or debarment , the agencies may ( c ) Conduct imputed from one information is available , how credible it
<br /> consider designating one agency as the organization to another organization . A is given the circumstances , whether or
<br /> lead agency for making the decision . Federal agency may impute the net important allegations are
<br /> at inferences can
<br /> methods and proAgencies are ced encouraged
<br /> for to fraudulent,fraudulent, criminal , or other improper re sonablcorroboray be drawn d , and has a result During
<br /> coordinating their suspension and conduct of one organization to another this ssessment , the suspending official
<br /> debarment actions . organization when the improper may examine the basic documents ,
<br /> conduct occurred in connection with a including grants , cooperative
<br /> § 180.625 What is the scope of a partnership , joint venture , joint agreements , loan authorizations ,
<br /> suspension or debarment? application , association or similar contracts , and other relevant
<br /> If you are suspended or debarred , the arrangement, or when the organization documents.
<br /> suspension or debarment is effective as to whom the improper conduct is (b ) An indictment . conviction , civil
<br /> follows : imputed has the power to direct, judgment, or other official findings by
<br /> ( a) Your suspension or debarment manage , control or influence the Federal , State , or local bodies that
<br /> constitutes suspension or debarment of activities of the organization responsible determine factual and/or legal matters ,
<br /> all of your divisions and other for the improper conduct. Acceptance of constitutes adequate evidence for
<br /> organizational elements from all the benefits derived from the conduct is purposes of suspension actions .
<br /> covered transactions , unless the evidence of knowledge , approval or (c ) In deciding whether immediate
<br /> suspension or debarment decision is acquiescence . action is needed to protect the public
<br /> limited— interest , the suspending official has
<br /> § 180.635 May a Federal agency settle a wide discretion , For example , the
<br /> ( 1 ) By its terms to one or more debarment or suspension action? suspending official may infer the
<br /> specifically identified individuals ,
<br /> divisions , or other organizational eraagency'yes , a Federal settle a necessity for immediate action to
<br /> y ma y
<br /> elements ; or debarment or suspension action at any protect the public interest either from
<br /> time if it is in the best interest of the the nature of the circumstances gluing
<br /> ( 2 ) To specific types of transactions , Federal Government, rise to a cause for suspension or from
<br /> (b) Any affiliate of a participant may potential business relationships or
<br /> be included in a suspension or § 180.64D Maya settlement include a involvement with a program of the
<br /> debarment action if the suspending or voluntary exclusion? Federal Government,
<br /> debarring official— Yes , if a Federal agency enters into a § 180.710 When does a suspension take
<br /> ( 1 ) Officially names the affiliate in the settlement with you in which you agree effect?
<br /> notice ; and to be excluded , it is called a voluntary A suspension is effective when the
<br /> ( 2) Gives the affiliate an opportunity exclusion and has governmentwide suspending official signs the decision to
<br /> to contest the action . effect. suspend.
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