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Federal Register / Vol , 70 , No , 168 / Wednesday , August 31 , 2005 / Rules and Regulations 51877
<br /> (k) The kind of positions held by the f1 ) Not to debar you; or § 180.905 Affiliaw
<br /> individuals involved in the wrongdoing . ( 2 ) To debar you . In this event, the Persons are affiliates of each other
<br /> if,
<br /> ( 1 ) Whether your organization took notice ; directly or indirectly , either one
<br /> appropriate corrective action or ( i) Refers to the Notice of Proposed controls or has the power to control the
<br /> remedial measures , such as establishing Debarment ; other or a third person controls or has
<br /> ethics training and implementing (ii ) Specifies the reasons for your the power to control both. The ways e
<br /> programs to prevent recurrence . debarment ; Federal agency may determine control
<br /> ( m) Whether your principals tolerated (iii ) States the period of your include , but are not Limited to—
<br /> the offense . debarment, including the effective ( a) Interlocking management or
<br /> ( n ) Whether you brought the activity dates ; and ownership ;
<br /> cited as a basis for the debarment to the ( iv) Advises you that your debarment (b) Identity of interests among family
<br /> attention of the appropriate government is effective for covered transactions and members ;
<br /> agency in a timely manner . contracts that are subject to the Federal
<br /> ( o), Whetheryou have fully Acquisition Regulation ( 48 CFR chanter ( c ) Shared facilities and equipment ;
<br /> investigated the circumstances 1 ) , throughout the executive branch of ( d) Common use of employees ; or
<br /> surrounding the cause for debarment the Federal Government unless an ( e ) A business entity which has been
<br /> and , if so , made the result or the agency head or an authorized designee organized fallowing the exclusion of a
<br /> investigation available to the debarring grants an exception. person which has the same or similar
<br /> official . management, ownership , or principal
<br /> (p ) Whether you had effective § 180.875 May I ask the debarring official employees as the excluded person.
<br /> standards of conduct and internal to reconsider a decision to debar me? § 180.910 Agent or representative,
<br /> control systems in place at the time the Yes , as a debarred person you may ask
<br /> questioned conduct occurred . the debarring official to reconsider the Agent or representative means any
<br /> (q ) Whether you have taken debarment decision or to reduce the person who acts on behalf of, or who is
<br /> appropriate disciplinary, action against time period or scope of the debarment, authorized to commit a participant in s
<br /> the individuals responsible for the However, you must put your request in covered transacurd on .
<br /> activity which constitutes the cause for writing and support it with § 180.915 Civii judgment.
<br /> debarment. documentation .
<br /> Civil judgment means the disposition
<br /> (r) Whether you have had adequate § 1180o880 What factors may influence the of a civil action by any court of
<br /> time to eliminate the circumstances debarring official during reconsideration ? competent jurisdiction, whether by
<br /> within your organization that led to the The debarring official may reduce or verdict , decision , settlement,
<br /> cause for the debarment, terminate your debarment based on— stipulation , other disposition which
<br /> ( s) Other factors that are appropriate ( a) Newly discovered material creates a civil liability for the
<br /> to the circumstances of a particular case , evidence ; complained of wrongful acts , or a final
<br /> § 180.965 Haw Yong may my debarment (b ) A reversal of the conviction or determination of liability under the
<br /> last? civil judgment upon which your Program Fraud Civil Remedies Act of
<br /> ( a) If the debarring official decides to debarment was based ; 1988 ( 31 U .S . C . 3801 -3812 ) .
<br /> debar you , your period of debarment (c ) A bona fide change in ownership
<br /> will be based on the seriousness of the or management ; § 180920 Conviction.
<br /> cause(s ) upon which your debarment is ( d) Elimination of other causes for Conviction means—
<br /> based . Generally , debarment should not which the debarment was imposed ; or (a) A judgment or anv other
<br /> exceed three years . However , if ( e) Other reasons the debarring official determination of guilt of a criminal
<br /> finds appropriate .
<br /> circumstances warrant, the debarring offense by any court of competent
<br /> official may impose a longer period of § 180385 May the debarring official extend jurisdiction , whether entered upon
<br /> debarment. a debarment? verdict or plea, including a plea of nolo
<br /> (b) In determining the period of ( a) Yes , the debarring official may contendere ; or
<br /> debarment , the debarring official may extend a debarment for an additional (b) Any other resolution that is the
<br /> consider the factors in § 180.860 . If aperiod , if that official determines that an functional equivalent of a judgment ,
<br /> suspension has preceded vour extension. is necessary to protect the including probation before judgment
<br /> debarment, the debarring official must public interest. and deferred prosecution . A disposition
<br /> consider the time you were suspended . (b ) However , the debarring official without the participation of the court is
<br /> (c) If the debarment is for a violation may not extend a debarment solely on the functional equivalent of a judgment
<br /> of the provisions of the Drug-Free the basis of the facts and circumstances only if it includes an admission of guilt.
<br /> Workplace Act of 1988 , ,your period of upon which the initial debarment action § 180.925 Debarment.
<br /> debarment may not exceed five years . was based. Debarment means an action taken b
<br /> § 180 .870 When do I know if the debarring ( c ) If the debarring officio] decides a debarring official under Subpart H of
<br /> official debars me? that a debarment for an additional g
<br /> a period is necessary , the debarring this part to exclude a person from
<br /> (a) The debarring official must make bficiaL must follow the applicable participating in covered transactions
<br /> El written decision whether to debar procedures in this subpart, and Subpart and transactions covered under the
<br /> within 45 days of closing the official F of this part, to extend the debarment. Federal Acquisition Regulation (48 CFR
<br /> record . The official record closes upon chapter 1 ) . A person so excluded is
<br /> the debarring official ' s receipt of final Subpart I—Definitions debarred .
<br /> submissions , information and findings
<br /> of fact, if any . The debarring official § 180 .900 Adequate evidence. § 180.930 Debarring official.
<br /> mayy extend that period for good cause . Adequate evidence means Debarring official means an agency
<br /> (b ) The debarring official sends you information sufficient to support the official who is authorized to impose
<br /> written notice , pursuant to § 180 , 615 reasonable belief that a particular act or debarment. A debarring official is
<br /> that the official decided , either— omission has occurred. either—
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