|
No , 168 / Wednesday , August 31 , 2005 ! Rules and Regulations
<br /> 51878 Federal Register / Vol . 70 ,
<br /> (a) The agency head; or § 180.965 Legal proceedings. (1) is in a position to handle Federal
<br /> (b ) An official designated by the Legal proceedings means any criminal funds ,
<br /> agency hears. proceeding or any civil judicial ( 2) Is in a position to influence or
<br /> proceeding, including a proceeding control the use of those funds ; or ,
<br /> § 10 .936 Disqualified. under the Program Fraud Civil (3) Occupies a technical or
<br /> Disqualified means that a person is Remedies Act (31 U. S .C . 3801-3812 ) , to professional position capable of
<br /> prohibited from participating in which the Federal Government or a. substantially influencing the
<br /> specified Federal procurement or State or local government or quasi development or outcome of an activity
<br /> nonptocurement transactions as governmental authority is a party . The required to perform the covered
<br /> required under a statute . Executive term also includes appeals from those transaction.
<br /> order (other than Executive Orders proceedings . § 180 ,1000 Respondent.
<br /> 12549 and 12689) or other authority .
<br /> Examples of disqualifications include § 180,970 Nonprocurement transaction. Respondent means a person against
<br /> (a) Nonprocurement transaction whom an agency has initiated a
<br /> persons prohibited under—
<br /> (a) The Davis-Bacon Act (40 U . S .C. means any transaction , regardless of debarment or suspension action.
<br /> 2176 (a)) ; type (except procurement contracts ) ,
<br /> (b) The equal emplovment including, but not limited to the § 180.1005 State.
<br /> opportunity acts and Executive orders ; following: ( a) ' State means—
<br /> ( 1 ) Grants . (1 ) Anv of the states of the United
<br /> or
<br /> (c) The Clean Air Act (4.2 U . S -C, ( ) cooperative
<br /> geements . States ;
<br /> 7606) , Clean Water Act ( 33 U . S .C . 1368) (3) (2) The District of Columbia;
<br /> and Executive Order 11738 ( 3 CFR, 1973 (4) Fellowships .
<br /> Com 799} (5 ) Contracts of assistance . ( 3) The Commonwealth of Puerto
<br /> p . , P (6) Loans , Rico ;
<br /> § 180 ,940 Excluded or exclusion. (7) Loan guarantees , (4) Any territory or possession of the
<br /> Excluded or exclusion means-- An(8 ) Subsidies , United States ; or
<br /> (9) Insurances . agency or instrumentality of
<br /> prohibited from being a participant in
<br /> ( a) That a person or commodity is (10) Payments for specified uses . ( - ) Y g v
<br /> (11 ) Donation agreements . a state .
<br /> covered transactions , whether the (b) A nonprocurement transaction at (b) For purposes of this part , State
<br /> person has been suspended ; debarred; any tier does not require the transfer of does not include institutions of higher
<br /> proposed for debarment under 48 CFR Federal funds . education, hospitals , or units of local
<br /> part 9 , subpart 9 .4 ; voluntarily governments
<br /> excluded ; or § 180 .975 Notice.
<br /> (b) The act of excluding a person . Notice means a written § 180.1010 Suspending official.
<br /> communication served in person, sent (a) Suspending official means an
<br /> § 180,945 Excluded Parties list System by certified mail or its equivalent , or agency official who is authorized to
<br /> ( EPLS) • sent electronically by e-mail or impose suspension. The suspending
<br /> Excluded Parties List System (EPLS) facsimile . ( See § 180 , 615 .) official is either:
<br /> means the list maintained and (1) The agency head ; or
<br /> disseminated by the General Services § 180.980 Participant.
<br /> Administration (GSA) containing the Participant means any person who (2 ) An official designated by the
<br /> names and other in about submits a proposal for or who enters agency head .
<br /> persons who are ineligibles into a covered transaction , including an § 1801015 suspension .
<br /> § 180.950 Federal agency4 agent or representative of a participant. Suspension is an action taken by a
<br /> Federal agencymeans any United § 1B0.985 Person. suspending official under subpart G of
<br /> States executive department, military Person means any individual , this part that immediately prohibits a
<br /> department, defense agency or any other Corporation, partnership , association , person from participating in covered
<br /> agency of the executive branch . Other unit of government, or legal entity , transactions and transactions covered
<br /> agencies of the Federal government are however organized, under the Federal Acquisition
<br /> not considered " agencies " for the 180.990 Preponderance of the evidence. Regulation (48 CFR chapter 1 ) for a
<br /> purposes of this part unless they issue § preponderance of the evidence means temporary period , pending completion
<br /> regulations adopting the of an agency investigation and any
<br /> governmentwide Debarment and proof by information that, compared judicial or administrative proceedings
<br /> Suspension system. under Executive with information opposing it, leads to that may ensue , A person so excluded
<br /> Orders 12549 and 12688 . the conclusion that the fact at issue is is suspended.
<br /> more probably true than not,
<br /> § 180.955 Indictment. § 180 ,1020 Votuntary exciusion or
<br /> § 180 .995 Principal. voluntarily excluded.
<br /> Indictment means indictment fora principal means^ . (a) Voluntary exclusion means a
<br /> criminal offense . A presentment,
<br /> sentment, (a) An officer , director , owner ,
<br /> information , or other filing by a partner , principal investigator, or other person' s agreement to be excluded
<br /> competent authority charging a criminal person wzthin a participant with under the terms of e. settlement between
<br /> offense shall be given the same effect as management or supervisory the person and one or more agencies .
<br /> an indictment
<br /> responsibilities related to a covered Voluntary exclusion must have
<br /> governmentwide effect.
<br /> § 18o,960 Ineligible or ineiigiblihy. transaction ; or b Voluntarily excluded means the
<br /> Ineligible or ineligibility means that a (b) A consultant or other person, status of aers n who has agreed to a
<br /> person or commodity is prohibited from `'"tic ar or ant or paid with Fedloyed by the
<br /> e al funds , voluntary exclusion .
<br /> covered transactions because of an p ho 1� BILLING COOF 3110-01-P
<br /> exclusion or disqualification.
<br />
|