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Federal Register / Val . 70 , No . 168 / Wednesday , August 31 , 2005 / Rules and Regulations 51875
<br /> to be arbitrary , capricious, or clearly directly affects your present any other agency procedures governing
<br /> erroneous . respponsibility ; debarment ; and
<br /> (b ) Violation of the terms of a public ( e) Of the governmentwide effect of a
<br /> § 180 ,755 When will I know whether the agreement or transaction so serious as to debarment from procurement and
<br /> suspension is continued or terminated? affect the integrity of an agency nonprocurement programs and
<br /> The suspending official must make a program . such as— activities .
<br /> written decision whether to continue , (1 ) A willful failure to perform in 180 .810 When does a debarment take
<br /> modify , or terminate your suspension accordance with the terms of one or effect?
<br /> within 4. 5 days of closing the official more public agreements or transactions ; Unlike suspension , a debarment is not
<br /> record. The official record closes upon ( 2 ) A history of failure to perform or P
<br /> the suspending official ' s receipt of final of unsatisfactory performance of one or effective until the debarring official
<br /> submissions , information and findings more public agreements or transactions ; issues a decision. The debarring official
<br /> of fact , if any . The suspending official or does not issue a decision until the
<br /> may extend that period for good cause . ( 3 ) A willful violation of a statutory or respondent has had an opportunity to
<br /> regulatory provision or requirement contest the proposed debarment.
<br /> § 180 .760 How long may my suspension applicable to a public agreement or § 180 815 How may i contest a proposed
<br /> lest? transaction ;
<br /> debarment?
<br /> (a) If legal or debarment proceedings (c ) Anv of following causes : h you as a respondent wish to contest
<br /> are initiated at the time of , or during (1 ) A nonprocurement debarment by proposed debarment , you or your
<br /> your suspension , the suspension may any Federal agency taken before October a pro representative must provide the
<br /> continue until the conclusion of those 1 , 1988 , or a procurement debarment by debarrin official with information in
<br /> proceedings . However , if proceedings any Federal agency taken pursuant to 48 g
<br /> are not initiated , a suspension may not CFR part 9 , subpart 9 .4 , before August opposition to the proposed debarment .
<br /> exceed 12 months . 25 . 1995 ; You may do this orally or in writing , but
<br /> (b ) The suspending official may ( 2) Knowingly doing business with an any information provided orally that
<br /> extend the 12 month limit under ineligible parson , except as permitted you consider important must also be
<br /> submitted in writing for the official
<br /> paragraph ( a) of this section for an under § 180 . 135 ;
<br /> additional 6 months if an office of a U . S . ( 3 ) Failure to pay a single substantial record .
<br /> Assistant Attornev General , U .S . debt , or a number of outstanding debts § 180,820 How much time do 1 have to
<br /> Attorney , or other responsible (including disallowed costs and contest a proposed debarment?
<br /> prosecuting official requests an overpayments , but not including sums (a) As a respondent you or yow
<br /> extension in writing . In no event may a owed the Federal Government under the representative must either send , or make
<br /> suspension exceed 18 months without Internal Revenue Code) owed to any arrangements to appear and present, the
<br /> initiating proceedings under paragraph Federal agency or instrumentality , information and argument to the
<br /> ( a ) of this section, provided the debt is uncontested by the debarring official within 30 days after
<br /> ( c ) The suspending official must debtor or , if contested, provided that the you receive the Notice of Proposed
<br /> notify the appropriate officials under debtor ' s legal and administrative Debarment.
<br /> paragraph (b ) of this section of an remedies have been exhausted; (h) The Federal agency taking the
<br /> impending termination of a suspension ( 4 ) Violation of a material provision of action. considers the Notice i Proposed
<br /> at least 30 days before the 12 month a voluntary exclusion agreement entered Debarment to considers
<br /> the Nott by f Pro
<br /> period expires to allow the officials an into under § 180 .840 or of any ( 1 ) When delivered , if the agency
<br /> opportunity to request an extension. settlement of a debarment or suspension mails the notice to the last known street
<br /> action ; or address , or live days after the agency
<br /> Subpart K—Debarment ( 5 ) Violation of the provisions of the
<br /> Drug-Free Workplace Act of 198P. (41 sends it if the letter is undeliverable ;
<br /> § 180 .800 What are the causes for U Drug-Free
<br /> 7p1 ) ; or (2) When sent , if the agency sends the
<br /> debarment? ( d) Any other cause of so serious or notice by facsimile or five days after the
<br /> A Federal agency may debar a person. compelling a nature that it affects your agency sends it if. the facsimile is
<br /> for— present responsibility , undeliverable ; or
<br /> (a) Conviction of or civil judgment ( 3 ) When delivered , if the agency
<br /> for- § 180F805 What notice does the debarring sends the notice by e-mail or five days
<br /> ( 1 ) Commission of fraud or a criminal official give me If i am proposed for after the agency sends it if the e-mail
<br /> is
<br /> offense in connection with obtaining , debarment? undeliverable ,
<br /> attempting to obtain , or performing a After consideration of the causes in 180.825 What information must I provide
<br /> public or private agreement or § 180 . 800 , if the debarring official the debarring official if 1 contest the
<br /> transaction ; proposes to debar you , the official sends proposed debarment?
<br /> ( 2 ) Violation of Federal or State you e Notice of Proposed Debarment ,
<br /> ( In addition to any information and
<br /> antitrust statutes , including those pursuant to § 180 . 615 , advising you- u
<br /> proscribing price fixing between (a) That the debarring official is argument in apposition , as a respondent
<br /> competitors , allocation of customers considering debarring you ; your submission to the debarring official
<br /> N etween competitors , and bid rigging; (b ) Of the reasons for proposing to must identify—
<br /> ( 3 ) Commission of embezzlement, debar you in terms sufficient to put you ( 1 ) Specific facts that contradict the
<br /> theft , forgery , bribery , falsification or on notice of the conduct or transactions statements contained in the Notice of
<br /> destruction of records , making false upon which the proposed debarment is Proposed Debarment. Include any
<br /> statements , tax evasion, receiving stolen based; information about any of the factors
<br /> property , making false claims , or ( c) Of the cause (s) under § 180 .800 listed in § 180 , 860 . A general denial is
<br /> obstruction of justice ; or upon which the debarring official relied insufficient to raise a genuine dispute
<br /> (4) Commission of any other offense for pproposing your debarment; over facts material to the debarment;
<br /> indicating a lack of business integrity or ( d) Of the applicable provisions of (2) All existing, proposed , or prior
<br /> business honesty that seriously and this subpart , Subpart F of this part, and exclusions under regulations
<br />
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