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51876 Federal Register / Vol . 701 No . i68 / Wednesday , August 31 , 2005 / Rules and Regulations
<br /> implementing Executive Order 12549 § 180.840 maw is fact-finding conducted ? official may consider in determining
<br /> and all similar actions taken by Federal, ( a) If fact-finding is conducted— whether to debar you and the length of
<br /> State , or local agencies , including ( 1 ) You. may present witnesses and your debarment period. The debarring
<br /> administrative agreements that affect other evidence , and confront any official may consider other factors if
<br /> only those agencies ; witness presented; and appropriate in light of the circumstances
<br /> ( 3 ) All criminal and civil proceedings ( 2) The fact-finder must prepare of a particular case . The existence or
<br /> not included in the Notice of Proposed written findings of fact for the record , nonexistence of any factor , such as one
<br /> Debarment that grew out e facts (b) A transcribed record of fact- of those set forth in this section , is not
<br /> relevant to the cause (s ) stated is the finding proceedings must be made , necessarily determinative of your
<br /> notice ; and unless you as a respondent and the present responsibility. In malting a
<br /> All of your affiliates . Federaf agency agree to waive it in debarment decision, the debarring
<br /> (
<br /> advance . if you want a copy of the official may consider the following
<br /> (b) If you fail to disclose this transcribed record, you may purchase it. factors :
<br /> information , or provide false (a) The actual or potential harm or
<br /> information , the Federal agency taking § 180.845 What does the debarring official impact that results or may result from
<br /> the action may seek further criminal , consider in deciding whether to debar me • the wrongdoing .
<br /> civil or administrative action against. (a) The debarring official may debar (b) The frequency of incidents andior
<br /> you , as appropriatel you for any of the causes in § 180 .800 . duration of the wrongdoing ,
<br /> However , the official need not debar (c) Whether there is a pattern or prior
<br /> § 180,830 Under what conditions do I get you even if a cause for debarment exists . history of wrongdoing . For example , if
<br /> an additional opportunity to challenge the The official may consider the you have been found by another Federal
<br /> facts on which the proposed debarment is seriousness of your acts or omissions agency or a State agency to have
<br /> based ? and the mitigating or aggravating factors
<br /> a) You as a respondent will not have engaged in wrongdoing similar to that
<br /> ( P set forth at § 180. 860 . found in the debarment action , the
<br /> an additional opportunity to challenge (b ) The debarring official bases the existence of this fact maybe used by the
<br /> the facts if the debarring official decision on all information contained in debarring official in determining that
<br /> determines that- the official record. The record you have a pattern or prior history of
<br /> ( 1 ) Your debarment is based upon a includes— wrongdoing .
<br /> conviction or civil judgment; ( 1 ) All information in support of the ( d) Whether you are or have been
<br /> ( 2) Your presentation in opposition debarring official ' s proposed debarment; excluded or disqualified by an agency of
<br /> contains only general denials to (2) Any further information and
<br /> information contained in the Notice of argument presented in support of, or in the Federal Government or have not
<br /> opposition to , the proposed debarment; been allowed to participate in State or
<br /> o
<br /> Proposed Debarment ; or local contracts or assistance agreements
<br /> opP
<br /> (3 ) The issues raised in your d on a basis of conduct similar to one or
<br /> presentation in opposition to the ( 3 ) Any transcribed record of fact- more of the causes for debarment
<br /> proposed debarment are not factual in finding proceedings,
<br /> nature , or are not material to the (c) The debarring official may refer specified in this part,
<br /> disputed material facts to another (e) Whether you have entered into an
<br /> debarring official ' s decision whether to official for findings of fact. The administrative agreement with a Federal
<br /> debar. debarring official may reject any agency or a State or local government
<br /> (b ) You will have an additional resultant findings , in whole or in part, that is not gavernmentwide but is based
<br /> opportunity to challenge the facts if the only after specifically determining them on conduct similar to one or more of the
<br /> debarring official determines that— to be arbitrary , capricious , or clearly causes for debarment specified in this
<br /> ( 1 ) The conditions in paragraph (a) of erroneous , part.
<br /> Whether and to what extent you
<br /> this section do not exist; and
<br /> (2 ) Your presentation in opposition § 180 .85o What is the standard of proof in planned , initiated , or carried out the
<br /> a debarment action? wron doin .
<br /> raises a genuine dispute over facts g
<br /> material to the proposed debarment. ( a) In any debarment action, the (g) What er you have accepted
<br /> (c) If you. have an opportunity to Federal agency must establish the cause responsibility for the wrongdoing and
<br /> challenge disputed material facts tinder for debarment by a preponderance of the recognize the seriousness of the
<br /> this section, the debarring official or evidence . misconduct that led to the cause for
<br /> designee must conduct additional (b) If the proposed debarment is based debarment,
<br /> proceedings to resolve those facts . upon a conviction. or civil judgment, the (h) Whether you have paid or agreed
<br /> standard of proof is met , to pay all criminal , civil and
<br /> § 180 ,935 Are debarment proceedings administrative liabilities for the
<br /> formai ? § 180.855 Who has the burden of proof in improper activity , including any
<br /> a debarment action? investigative or administrative costs
<br /> ( a) Debarment proceedings are (a) The Federal agency has the burden g
<br /> conducted in a fair and informal to that a cause for debarment incurred by the government , and have
<br /> o p
<br /> manner . The debarring official may use made or theod to make full restitution.
<br /> exists , (i) Whether you have cooperated fully
<br /> flexible procedures to allow you as a (b) Once a cause for debarment is with the government agencies during
<br /> respondent to present matters in established , you as a respondent have
<br /> opposition. In so doing , the debarring the burden of demonstrating to the the investigation and any court i
<br /> official is not required to follow formal satisfaction of the debarring official that administrative action. In determining
<br /> rules of evidence or procedure in you are presently responsible and that the extent of cooperation , the debarring
<br /> creating an official record upon which debarment is not necessary, official may consider when the
<br /> the official will base the decision cooperation began and whether you
<br /> whether to debar. § 180 .860 What factors may influence the disclosed all pertinent information
<br /> (b) You or your representative must debarring official's decision ? known to you5
<br /> submit any documentary evidence you This section lists the mitigating and (j ) Whether the wrongdoing was
<br /> want the debarring official to consider. aggravating factors that the debarring pervasive within your organization. .
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