15 C.F.R. Subpart F—General Principles Relating to Suspension and Debarment Actions
Title 15 - Commerce and Foreign Trade
When we receive information from any source concerning a cause for suspension or debarment, we will promptly report and investigate it. We refer the question of whether to suspend or debar you to our suspending or debarring official for consideration, if appropriate. Suspension differs from debarment in that— In deciding whether to suspend or debar you, we handle the actions as informally as practicable, consistent with principles of fundamental fairness. (a) For suspension actions, we use the procedures in this subpart and subpart G of this part. (b) For debarment actions, we use the procedures in this subpart and subpart H of this part. (a) The suspending or debarring official sends a written notice to the last known street address, facsimile number, or e-mail address of— (1) You or your identified counsel; or (2) Your agent for service of process, or any of your partners, officers, directors, owners, or joint venturers. (b) The notice is effective if sent to any of these persons. Yes, when more than one Federal agency has an interest in a suspension or debarment, the agencies may consider designating one agency as the lead agency for making the decision. Agencies are encouraged to establish methods and procedures for coordinating their suspension and debarment actions. If you are suspended or debarred, the suspension or debarment is effective as follows: (a) Your suspension or debarment constitutes suspension or debarment of all of your divisions and other organizational elements from all covered transactions, unless the suspension or debarment decision is limited— (1) By its terms to one or more specifically identified individuals, divisions, or other organizational elements; or (2) To specific types of transactions. (b) Any affiliate of a participant may be included in a suspension or debarment action if the suspending or debarring official— (1) Officially names the affiliate in the notice; and (2) Gives the affiliate an opportunity to contest the action. For purposes of actions taken under this rule, we may impute conduct as follows: (a) Conduct imputed from an individual to an organization. We may impute the fraudulent, criminal, or other improper conduct of any officer, director, shareholder, partner, employee, or other individual associated with an organization, to that organization when the improper conduct occurred in connection with the individual's performance of duties for or on behalf of that organization, or with the organization's knowledge, approval or acquiescence. The organization's acceptance of the benefits derived from the conduct is evidence of knowledge, approval or acquiescence. (b) Conduct imputed from an organization to an individual, or between individuals. We may impute the fraudulent, criminal, or other improper conduct of any organization to an individual, or from one individual to another individual, if the individual to whom the improper conduct is imputed either participated in, had knowledge of, or reason to know of the improper conduct. (c) Conduct imputed from one organization to another organization. We may impute the fraudulent, criminal, or other improper conduct of one organization to another organization when the improper conduct occurred in connection with a partnership, joint venture, joint application, association or similar arrangement, or when the organization to whom the improper conduct is imputed has the power to direct, manage, control or influence the activities of the organization responsible for the improper conduct. Acceptance of the benefits derived from the conduct is evidence of knowledge, approval or acquiescence. Yes, we may settle a debarment or suspension action at any time if it is in the best interest of the Federal Government. Yes, if we enter into a settlement with you in which you agree to be excluded, it is called a voluntary exclusion and has governmentwide effect. (a) Yes, we enter information regarding a voluntary exclusion into the EPLS. (b) Also, any agency or person may contact us to find out the details of a voluntary exclusion.
Title 15: Commerce and Foreign Trade
PART 26—GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Subpart F—General Principles Relating to Suspension and Debarment Actions
§ 26.600 How do suspension and debarment actions start?
§ 26.605 How does suspension differ from debarment?
------------------------------------------------------------------------ A suspending official A debarring official------------------------------------------------------------------------(a) Imposes suspension as a temporary Imposes debarment for a status of ineligibility for specified period as a final procurement and nonprocurement determination that a person is transactions, pending completion of an not presently responsible. investigation or legal proceedings.(b) Must_.............................. Must conclude, based on a(1) Have adequate evidence that there preponderance of the evidence, may be a cause for debarment of a that the person has engaged in person; and. conduct that warrants(2) Conclude that immediate action is debarment. necessary to protect the Federal interest.(c) Usually imposes the suspension Imposes debarment after giving first, and then promptly notifies the the respondent notice of the suspended person, giving the person an action and an opportunity to opportunity to contest the suspension contest the proposed and have it lifted. debarment.------------------------------------------------------------------------
§ 26.610 What procedures does the Department of Commerce use in suspension and debarment actions?
§ 26.615 How does the Department of Commerce notify a person of a suspension or debarment action?
§ 26.620 Do Federal agencies coordinate suspension and debarment actions?
§ 26.625 What is the scope of a suspension or debarment?
§ 26.630 May the Department of Commerce impute conduct of one person to another?
§ 26.635 May the Department of Commerce settle a debarment or suspension action?
§ 26.640 May a settlement include a voluntary exclusion?
§ 26.645 Do other Federal agencies know if the Department of Commerce agrees to a voluntary exclusion?
