24 C.F.R. PART 24—GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)


Title 24 - Housing and Urban Development


Title 24: Housing and Urban Development

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PART 24—GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

Section Contents
§ 24.25   How is this part organized?
§ 24.50   How is this part written?
§ 24.75   Do terms in this part have special meanings?

Subpart A—General

§ 24.100   What does this part do?
§ 24.105   Does this part apply to me?
§ 24.110   What is the purpose of the nonprocurement debarment and suspension system?
§ 24.115   How does an exclusion restrict a person's involvement in covered transactions?
§ 24.120   May we grant an exception to let an excluded person participate in a covered transaction?
§ 24.125   Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts?
§ 24.130   Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions?
§ 24.135   May the Department of Housing and Urban Development exclude a person who is not currently participating in a nonprocurement transaction?
§ 24.140   How do I know if a person is excluded?
§ 24.145   Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions?

Subpart B—Covered Transactions

§ 24.200   What is a covered transaction?
§ 24.205   Why is it important if a particular transaction is a covered transaction?
§ 24.210   Which nonprocurement transactions are covered transactions?
§ 24.215   Which nonprocurement transactions are not covered transactions?
§ 24.220   Are any procurement contracts included as covered transactions?
§ 24.225   How do I know if a transaction in which I may participate is a covered transaction?

Subpart C—Responsibilities of Participants Regarding Transactions

§ 24.300   What must I do before I enter into a covered transaction with another person at the next lower tier?
§ 24.305   May I enter into a covered transaction with an excluded or disqualified person?
§ 24.310   What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction?
§ 24.315   May I use the services of an excluded person as a principal under a covered transaction?
§ 24.320   Must I verify that principals of my covered transactions are eligible to participate?
§ 24.325   What happens if I do business with an excluded person in a covered transaction?
§ 24.330   What requirements must I pass down to persons at lower tiers with whom I intend to do business?
§ 24.335   What information must I provide before entering into a covered transaction with the Department of Housing and Urban Development?
§ 24.340   If I disclose unfavorable information required under §24.335, will I be prevented from participating in the transaction?
§ 24.345   What happens if I fail to disclose information required under §24.335?
§ 24.350   What must I do if I learn of information required under §24.335 after entering into a covered transaction with the Department of Housing and Urban Development?
§ 24.355   What information must I provide to a higher tier participant before entering into a covered transaction with that participant?
§ 24.360   What happens if I fail to disclose the information required under §24.355?
§ 24.365   What must I do if I learn of information required under §24.355 after entering into a covered transaction with a higher tier participant?

Subpart D—Responsibilities of HUD Officials Regarding Transactions

§ 24.400   May I enter into a transaction with an excluded or disqualified person?
§ 24.405   May I enter into a covered transaction with a participant if a principal of the transaction is excluded?
§ 24.410   May I approve a participant's use of the services of an excluded person?
§ 24.415   What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction?
§ 24.420   May I approve a transaction with an excluded or disqualified person at a lower tier?
§ 24.425   When do I check to see if a person is excluded or disqualified?
§ 24.430   How do I check to see if a person is excluded or disqualified?
§ 24.435   What must I require of a primary tier participant?
§ 24.440   What method do I use to communicate those requirements to participants?
§ 24.445   What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person?
§ 24.450   What action may I take if a primary tier participant fails to disclose the information required under §24.335?
§ 24.455   What may I do if a lower tier participant fails to disclose the information required under §24.355 to the next higher tier?

Subpart E—Excluded Parties List System

§ 24.500   What is the purpose of the Excluded Parties List System (EPLS)?
§ 24.505   Who uses the EPLS?
§ 24.510   Who maintains the EPLS?
§ 24.515   What specific information is in the EPLS?
§ 24.520   Who places the information into the EPLS?
§ 24.525   Whom do I ask if I have questions about a person in the EPLS?
§ 24.530   Where can I find the EPLS?

Subpart F—General Principles Relating to Suspension and Debarment Actions

§ 24.600   How do suspension and debarment actions start?
§ 24.605   How does suspension differ from debarment?
§ 24.610   What procedures does the Department of Housing and Urban Development use in suspension and debarment actions?
§ 24.615   How does the Department of Housing and Urban Development notify a person of a suspension or debarment action?
§ 24.620   Do Federal agencies coordinate suspension and debarment actions?
§ 24.625   What is the scope of a suspension or debarment?
§ 24.630   May the Department of Housing and Urban Development impute conduct of one person to another?
§ 24.635   May the Department of Housing and Urban Development settle a debarment or suspension action?
§ 24.640   May a settlement include a voluntary exclusion?
§ 24.645   Do other Federal agencies know if the Department of Housing and Urban Development agrees to a voluntary exclusion?

Subpart G—Suspension

§ 24.700   When may the suspending official issue a suspension?
§ 24.705   What does the suspending official consider in issuing a suspension?
§ 24.710   When does a suspension take effect?
§ 24.715   What notice does the suspending official give me if I am suspended?
§ 24.720   How may I contest a suspension?
§ 24.725   How much time do I have to contest a suspension?
§ 24.730   What information must I provide to the suspending official if I contest a suspension?
§ 24.735   Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based?
§ 24.740   Are suspension proceedings formal?
§ 24.745   How is fact-finding conducted?
§ 24.750   What does the suspending official consider in deciding whether to continue or terminate my suspension?
§ 24.755   When will I know whether the suspension is continued or terminated?
§ 24.760   How long may my suspension last?

Subpart H—Debarment

§ 24.800   What are the causes for debarment?
§ 24.805   What notice does the debarring official give me if I am proposed for debarment?
§ 24.810   When does a debarment take effect?
§ 24.815   How may I contest a proposed debarment?
§ 24.820   How much time do I have to contest a proposed debarment?
§ 24.825   What information must I provide to the debarring official if I contest a proposed debarment?
§ 24.830   Under what conditions do I get an additional opportunity to challenge the facts on which a proposed debarment is based?
§ 24.835   Are debarment proceedings formal?
§ 24.840   How is fact-finding conducted?
§ 24.845   What does the debarring official consider in deciding whether to debar me?
§ 24.850   What is the standard of proof in a debarment action?
§ 24.855   Who has the burden of proof in a debarment action?
§ 24.860   What factors may influence the debarring official's decision?
§ 24.865   How long may my debarment last?
§ 24.870   When do I know if the debarring official debars me?
§ 24.875   May I ask the debarring official to reconsider a decision to debar me?
§ 24.880   What factors may influence the debarring official during reconsideration?
§ 24.885   May the debarring official extend a debarment?

Subpart I—Definitions

§ 24.900   Adequate evidence.
§ 24.905   Affiliate.
§ 24.910   Agency.
§ 24.915   Agent or representative.
§ 24.920   Civil judgment.
§ 24.925   Conviction.
§ 24.930   Debarment.
§ 24.935   Debarring official.
§ 24.940   Disqualified.
§ 24.945   Excluded or exclusion.
§ 24.947   Hearing officer.
§ 24.950   Excluded Parties List System
§ 24.955   Indictment.
§ 24.960   Ineligible or ineligibility.
§ 24.965   Legal proceedings.
§ 24.970   Nonprocurement transaction.
§ 24.975   Notice.
§ 24.980   Participant.
§ 24.985   Person.
§ 24.990   Preponderance of the evidence.
§ 24.995   Principal.
§ 24.1000   Respondent.
§ 24.1005   State.
§ 24.1010   Suspending official.
§ 24.1015   Suspension.
§ 24.1017   Ultimate beneficiaries.
§ 24.1020   Voluntary exclusion or voluntarily excluded.

Subpart J—Limited Denial of Participation

§ 24.1100   What is a limited denial of participation?
§ 24.1105   Who may issue a limited denial of participation?
§ 24.1110   When may a HUD official issue a limited denial of participation?
§ 24.1115   When does a limited denial of participation take effect?
§ 24.1120   How long may a limited denial of participation last?
§ 24.1125   How does a limited denial of participation start?
§ 24.1130   How may I contest my limited denial of participation?
§ 24.1135   Do federal agencies coordinate limited denial of participation actions?
§ 24.1140   What is the scope of a limited denial of participation?
§ 24.1145   May HUD impute the conduct of one person to another in a limited denial of participation?
§ 24.1150   What is the effect of a suspension or debarment on a limited denial of participation?
§ 24.1155   What is the effect of a limited denial of participation on a suspension or a debarment?
§ 24.1160   May a limited denial of participation be terminated before the term of the limited denial of participation expires?
§ 24.1165   How is a limited denial of participation reported?
Appendix to Part 24—Covered Transactions


Authority:  41 U.S.C. 701 et seq.; 42 U.S.C. 3535(d); Sec. 2455, Pub. L. 103–355, 108 Stat. 3327 (31 U.S.C. 6101 note); E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235).

Source:  68 FR 66544, 66594, Nov. 26, 2003, unless otherwise noted.

§ 24.25   How is this part organized?
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(a) This part is subdivided into ten subparts. Each subpart contains information related to a broad topic or specific audience with special responsibilities, as shown in the following table:

 ------------------------------------------------------------------------                                             You will find provisions            In subpart . . .                     related to . . .------------------------------------------------------------------------A......................................  general information about this                                          rule.B......................................  the types of HUD transactions                                          that are covered by the                                          Governmentwide nonprocurement                                          suspension and debarment                                          system.C......................................  the responsibilities of persons                                          who participate in covered                                          transactions.D......................................  the responsibilities of HUD                                          officials who are authorized                                          to enter into covered                                          transactions.E......................................  the responsibilities of Federal                                          agencies for the Excluded                                          Parties List System                                          (Disseminated by the General                                          Services Administration).F......................................  the general principles                                          governing suspension,                                          debarment, voluntary exclusion                                          and settlement.G......................................  suspension actions.H......................................  debarment actions.I......................................  definitions of terms used in                                          this part.J......................................  limited denial of                                          Participation.------------------------------------------------------------------------

(b) The following table shows which subparts may be of special interest to you, depending on who you are:

 ------------------------------------------------------------------------             If you are . . .                   See subpart(s) . . .------------------------------------------------------------------------(1) a participant or principal in a         A, B, C, and I. nonprocurement transaction.(2) a respondent in a suspension action...  A, B, F, G and I.(3) a respondent in a debarment action....  A, B, F, H and I.(4) a suspending official.................  A, B, D, E, F, G and I.(5) a debarring official..................  A, B, D, E, F, H and I.(6) a (n) HUD official authorized to enter  A, B, D, E and I. into a covered transaction.(7) involved in HUD transactions..........  J.------------------------------------------------------------------------

[68 FR 66544, 66594, Nov. 26, 2003; 69 FR 11314, Mar. 10, 2004]

§ 24.50   How is this part written?
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(a) This part uses a “plain language” format to make it easier for the general public and business community to use. The section headings and text, often in the form of questions and answers, must be read together.

(b) Pronouns used within this part, such as “I” and “you,” change from subpart to subpart depending on the audience being addressed. The pronoun “we” always is the Department of Housing and Urban Development.

(c) The “Covered Transactions” diagram in the appendix to this part shows the levels or “tiers” at which the Department of Housing and Urban Development enforces an exclusion under this part.

§ 24.75   Do terms in this part have special meanings?
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This part uses terms throughout the text that have special meaning. Those terms are defined in Subpart I of this part. For example, three important terms are—

(a) Exclusion or excluded, which refers only to discretionary actions taken by a suspending or debarring official under this part or the Federal Acquisition Regulation (48 CFR part 9, subpart 9.4);

(b) Disqualification or disqualified, which refers to prohibitions under specific statutes, executive orders (other than Executive Order 12549 and Executive Order 12689), or other authorities. Disqualifications frequently are not subject to the discretion of an agency official, may have a different scope than exclusions, or have special conditions that apply to the disqualification; and

(c) Ineligibility or ineligible, which generally refers to a person who is either excluded or disqualified.

Subpart A—General
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§ 24.100   What does this part do?
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This part adopts a governmentwide system of debarment and suspension for HUD nonprocurement activities. It also provides for reciprocal exclusion of persons who have been excluded under the Federal Acquisition Regulation, and provides for the consolidated listing of all persons who are excluded, or disqualified by statute, executive order, or other legal authority. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR 1989 Comp., p. 235) and 31 U.S.C. 6101 note (Section 2455, Public Law 103–355, 108 Stat. 3327).

§ 24.105   Does this part apply to me?
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Portions of this part (see table at §24.25(b)) apply to you if you are a(n)—

(a) Person who has been, is, or may reasonably be expected to be, a participant or principal in a covered transaction;

(b) Respondent (a person against whom the Department of Housing and Urban Development has initiated a debarment or suspension action);

(c) HUD debarring or suspending official; or

(d) HUD official who is authorized to enter into covered transactions with non-Federal parties.

§ 24.110   What is the purpose of the nonprocurement debarment and suspension system?
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(a) To protect the public interest, the Federal Government ensures the integrity of Federal programs by conducting business only with responsible persons.

(b) A Federal agency uses the nonprocurement debarment and suspension system to exclude from Federal programs persons who are not presently responsible.

(c) An exclusion is a serious action that a Federal agency may take only to protect the public interest. A Federal agency may not exclude a person or commodity for the purposes of punishment.

§ 24.115   How does an exclusion restrict a person's involvement in covered transactions?
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With the exceptions stated in §§24.120, 24.315, and 24.420, a person who is excluded by the Department of Housing and Urban Development or any other Federal agency may not:

(a) Be a participant in a(n) HUD transaction that is a covered transaction under subpart B of this part;

(b) Be a participant in a transaction of any other Federal agency that is a covered transaction under that agency's regulation for debarment and suspension; or

(c) Act as a principal of a person participating in one of those covered transactions.

§ 24.120   May we grant an exception to let an excluded person participate in a covered transaction?
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(a) The Secretary or designee may grant an exception permitting an excluded person to participate in a particular covered transaction. If the Secretary or designee grants an exception, the exception must be in writing and state the reason(s) for deviating from the governmentwide policy in Executive Order 12549.

(b) An exception granted by one agency for an excluded person does not extend to the covered transactions of another agency.

§ 24.125   Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts?
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If any Federal agency excludes a person under its nonprocurement common rule on or after August 25, 1995, the excluded person is also ineligible to participate in Federal procurement transactions under the FAR. Therefore, an exclusion under this part has reciprocal effect in Federal procurement transactions.

§ 24.130   Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions?
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If any Federal agency excludes a person under the FAR on or after August 25, 1995, the excluded person is also ineligible to participate in nonprocurement covered transactions under this part. Therefore, an exclusion under the FAR has reciprocal effect in Federal nonprocurement transactions.

§ 24.135   May the Department of Housing and Urban Development exclude a person who is not currently participating in a nonprocurement transaction?
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Given a cause that justifies an exclusion under this part, we may exclude any person who has been involved, is currently involved, or may reasonably be expected to be involved in a covered transaction.

§ 24.140   How do I know if a person is excluded?
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Check the Excluded Parties List System (EPLS) to determine whether a person is excluded. The General Services Administration (GSA) maintains the EPLS and makes it available, as detailed in subpart E of this part. When a Federal agency takes an action to exclude a person under the nonprocurement or procurement debarment and suspension system, the agency enters the information about the excluded person into the EPLS.

§ 24.145   Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions?
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Except if provided for in Subpart J of this part, this part—

(a) Addresses disqualified persons only to—

(1) Provide for their inclusion in the EPLS; and

(2) State responsibilities of Federal agencies and participants to check for disqualified persons before entering into covered transactions.

(b) Does not specify the—

(1) HUD transactions for which a disqualified person is ineligible. Those transactions vary on a case-by-case basis, because they depend on the language of the specific statute, Executive order, or regulation that caused the disqualification;

(2) Entities to which the disqualification applies; or

(3) Process that the agency uses to disqualify a person. Unlike exclusion, disqualification is frequently not a discretionary action that a Federal agency takes.

Subpart B—Covered Transactions
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§ 24.200   What is a covered transaction?
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A covered transaction is a nonprocurement or procurement transaction that is subject to the prohibitions of this part. It may be a transaction at—

(a) The primary tier, between a Federal agency and a person (see appendix to this part); or

(b) A lower tier, between a participant in a covered transaction and another person.

(c) In the case of employment contracts that are covered transactions, each salary payment under the contract is a separate covered transaction.

[68 FR 66544, 66594, 66596, Nov. 26, 2003]

§ 24.205   Why is it important if a particular transaction is a covered transaction?
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The importance of a covered transaction depends upon who you are.

(a) As a participant in the transaction, you have the responsibilities laid out in Subpart C of this part. Those include responsibilities to the person or Federal agency at the next higher tier from whom you received the transaction, if any. They also include responsibilities if you subsequently enter into other covered transactions with persons at the next lower tier.

(b) As a Federal official who enters into a primary tier transaction, you have the responsibilities laid out in subpart D of this part.

(c) As an excluded person, you may not be a participant or principal in the transaction unless—

(1) The person who entered into the transaction with you allows you to continue your involvement in a transaction that predates your exclusion, as permitted under §24.310 or §24.415; or

(2) A(n) HUD official obtains an exception from the Secretary or designee to allow you to be involved in the transaction, as permitted under §24.120.

§ 24.210   Which nonprocurement transactions are covered transactions?
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All nonprocurement transactions, as defined in §24.970, are covered transactions unless listed in §24.215. (See appendix to this part.)

§ 24.215   Which nonprocurement transactions are not covered transactions?
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The following types of nonprocurement transactions are not covered transactions:

(a) A direct award to—

(1) A foreign government or foreign governmental entity;

(2) A public international organization;

(3) An entity owned (in whole or in part) or controlled by a foreign government; or

(4) Any other entity consisting wholly or partially of one or more foreign governments or foreign governmental entities.

(b) A benefit to an individual as a personal entitlement without regard to the individual's present responsibility (but benefits received in an individual's business capacity are not excepted). For example, if a person receives social security benefits under the Supplemental Security Income provisions of the Social Security Act, 42 U.S.C. 1301 et seq., those benefits are not covered transactions and, therefore, are not affected if the person is excluded.

(c) Federal employment.

(d) A transaction that the Department of Housing and Urban Development needs to respond to a national or agency-recognized emergency or disaster.

(e) A permit, license, certificate, or similar instrument issued as a means to regulate public health, safety, or the environment, unless the Department of Housing and Urban Development specifically designates it to be a covered transaction.

(f) An incidental benefit that results from ordinary governmental operations.

(g) Any other transaction if the application of an exclusion to the transaction is prohibited by law.

§ 24.220   Are any procurement contracts included as covered transactions?
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(a) Covered transactions under this part—

(1) Do not include any procurement contracts awarded directly by a Federal agency; but

(2) Do include some procurement contracts awarded by non-Federal participants in nonprocurement covered transactions (see appendix to this part).

(b) Specifically, a contract for goods or services is a covered transaction if any of the following applies:

(1) The contract is awarded by a participant in a nonprocurement transaction that is covered under §24.210, and the amount of the contract is expected to equal or exceed $25,000.

(2) The contract requires the consent of a(n) HUD official. In that case, the contract, regardless of the amount, always is a covered transaction, and it does not matter who awarded it. For example, it could be a subcontract awarded by a contractor at a tier below a nonprocurement transaction, as shown in the appendix to this part.

(3) The contract is for federally-required audit services.

§ 24.225   How do I know if a transaction in which I may participate is a covered transaction?
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As a participant in a transaction, you will know that it is a covered transaction because the agency regulations governing the transaction, the appropriate agency official, or participant at the next higher tier who enters into the transaction with you, will tell you that you must comply with applicable portions of this part.

Subpart C—Responsibilities of Participants Regarding Transactions
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Doing Business With Other Persons

§ 24.300   What must I do before I enter into a covered transaction with another person at the next lower tier?
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When you enter into a covered transaction with another person at the next lower tier, you must verify that the person with whom you intend to do business is not excluded or disqualified. You do this by:

(a) Checking the EPLS; or

(b) Collecting a certification from that person if allowed by this rule; or

(c) Adding a clause or condition to the covered transaction with that person.

(d) You, as a participant, are responsible for determining whether you are entering into a covered transaction with an excluded or disqualified person. You may decide the method by which you do so. You may, but are not required to, check the EPLS.

(e) In the case of an employment contract, HUD does not require employers to check the EPLS prior to making salary payments pursuant to that contract.

[68 FR 66544, 66594, 66596, Nov. 26, 2003]

§ 24.305   May I enter into a covered transaction with an excluded or disqualified person?
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(a) You as a participant may not enter into a covered transaction with an excluded person, unless the Department of Housing and Urban Development grants an exception under §24.120.

(b) You may not enter into any transaction with a person who is disqualified from that transaction, unless you have obtained an exception under the disqualifying statute, Executive order, or regulation.

§ 24.310   What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction?
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(a) You as a participant may continue covered transactions with an excluded person if the transactions were in existence when the agency excluded the person. However, you are not required to continue the transactions, and you may consider termination. You should make a decision about whether to terminate and the type of termination action, if any, only after a thorough review to ensure that the action is proper and appropriate.

(b) You may not renew or extend covered transactions (other than no-cost time extensions) with any excluded person, unless the Department of Housing and Urban Development grants an exception under §24.120.

§ 24.315   May I use the services of an excluded person as a principal under a covered transaction?
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(a) You as a participant may continue to use the services of an excluded person as a principal under a covered transaction if you were using the services of that person in the transaction before the person was excluded. However, you are not required to continue using that person's services as a principal. You should make a decision about whether to discontinue that person's services only after a thorough review to ensure that the action is proper and appropriate.

(b) You may not begin to use the services of an excluded person as a principal under a covered transaction unless the Department of Housing and Urban Development grants an exception under §24.120.

§ 24.320   Must I verify that principals of my covered transactions are eligible to participate?
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Yes, you as a participant are responsible for determining whether any of your principals of your covered transactions is excluded or disqualified from participating in the transaction. You may decide the method and frequency by which you do so. You may, but you are not required to, check the EPLS.

§ 24.325   What happens if I do business with an excluded person in a covered transaction?
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If as a participant you knowingly do business with an excluded person, we may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate.

§ 24.330   What requirements must I pass down to persons at lower tiers with whom I intend to do business?
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Before entering into a covered transaction with a participant at the next lower tier, you must require that participant to—

(a) Comply with this subpart as a condition of participation in the transaction. You may do so using any method(s), unless §24.440 requires you to use specific methods.

(b) Pass the requirement to comply with this subpart to each person with whom the participant enters into a covered transaction at the next lower tier.

Disclosing Information—Primary Tier Participants

§ 24.335   What information must I provide before entering into a covered transaction with the Department of Housing and Urban Development?
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Before you enter into a covered transaction at the primary tier, you as the participant must notify the HUD office that is entering into the transaction with you, if you know that you or any of the principals for that covered transaction:

(a) Are presently excluded or disqualified;

(b) Have been convicted within the preceding three years of any of the offenses listed in §24.800(a) or had a civil judgment rendered against you for one of those offenses within that time period;

(c) Are presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses listed in §24.800(a); or

(d) Have had one or more public transactions (Federal, State, or local) terminated within the preceding three years for cause or default.

§ 24.340   If I disclose unfavorable information required under §24.335, will I be prevented from participating in the transaction?
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As a primary tier participant, your disclosure of unfavorable information about yourself or a principal under §24.335 will not necessarily cause us to deny your participation in the covered transaction. We will consider the information when we determine whether to enter into the covered transaction. We also will consider any additional information or explanation that you elect to submit with the disclosed information.

§ 24.345   What happens if I fail to disclose information required under §24.335?
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If we later determine that you failed to disclose information under §24.335 that you knew at the time you entered into the covered transaction, we may—

(a) Terminate the transaction for material failure to comply with the terms and conditions of the transaction; or

(b) Pursue any other available remedies, including suspension and debarment.

§ 24.350   What must I do if I learn of information required under §24.335 after entering into a covered transaction with the Department of Housing and Urban Development?
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At any time after you enter into a covered transaction, you must give immediate written notice to the HUD office with which you entered into the transaction if you learn either that—

(a) You failed to disclose information earlier, as required by §24.335; or

(b) Due to changed circumstances, you or any of the principals for the transaction now meet any of the criteria in §24.335.

Disclosing Information—Lower Tier Participants

§ 24.355   What information must I provide to a higher tier participant before entering into a covered transaction with that participant?
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Before you enter into a covered transaction with a person at the next higher tier, you as a lower tier participant must notify that person if you know that you or any of the principals are presently excluded or disqualified.

§ 24.360   What happens if I fail to disclose the information required under §24.355?
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If we later determine that you failed to tell the person at the higher tier that you were excluded or disqualified at the time you entered into the covered transaction with that person, we may pursue any available remedies, including suspension and debarment.

§ 24.365   What must I do if I learn of information required under §24.355 after entering into a covered transaction with a higher tier participant?
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At any time after you enter into a lower tier covered transaction with a person at a higher tier, you must provide immediate written notice to that person if you learn either that—

(a) You failed to disclose information earlier, as required by §24.355; or

(b) Due to changed circumstances, you or any of the principals for the transaction now meet any of the criteria in §24.355.

Subpart D—Responsibilities of HUD Officials Regarding Transactions
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§ 24.400   May I enter into a transaction with an excluded or disqualified person?
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(a) You as an agency official may not enter into a covered transaction with an excluded person unless you obtain an exception under §24.120.

(b) You may not enter into any transaction with a person who is disqualified from that transaction, unless you obtain a waiver or exception under the statute, Executive order, or regulation that is the basis for the person's disqualification.

§ 24.405   May I enter into a covered transaction with a participant if a principal of the transaction is excluded?
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As an agency official, you may not enter into a covered transaction with a participant if you know that a principal of the transaction is excluded, unless you obtain an exception under §24.120.

§ 24.410   May I approve a participant's use of the services of an excluded person?
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After entering into a covered transaction with a participant, you as an agency official may not approve a participant's use of an excluded person as a principal under that transaction, unless you obtain an exception under §24.120.

§ 24.415   What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction?
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(a) You as an agency official may continue covered transactions with an excluded person, or under which an excluded person is a principal, if the transactions were in existence when the person was excluded. You are not required to continue the transactions, however, and you may consider termination. You should make a decision about whether to terminate and the type of termination action, if any, only after a thorough review to ensure that the action is proper.

(b) You may not renew or extend covered transactions (other than no-cost time extensions) with any excluded person, or under which an excluded person is a principal, unless you obtain an exception under §24.120.

§ 24.420   May I approve a transaction with an excluded or disqualified person at a lower tier?
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If a transaction at a lower tier is subject to your approval, you as an agency official may not approve—

(a) A covered transaction with a person who is currently excluded, unless you obtain an exception under §24.120; or

(b) A transaction with a person who is disqualified from that transaction, unless you obtain a waiver or exception under the statute, Executive order, or regulation that is the basis for the person's disqualification.

§ 24.425   When do I check to see if a person is excluded or disqualified?
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As an agency official, you must check to see if a person is excluded or disqualified before you—

(a) Enter into a primary tier covered transaction;

(b) Approve a principal in a primary tier covered transaction;

(c) Approve a lower tier participant if agency approval of the lower tier participant is required; or

(d) Approve a principal in connection with a lower tier transaction if agency approval of the principal is required.

§ 24.430   How do I check to see if a person is excluded or disqualified?
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You check to see if a person is excluded or disqualified in two ways:

(a) You as an agency official must check the EPLS when you take any action listed in §24.425.

(b) You must review information that a participant gives you, as required by §24.335, about its status or the status of the principals of a transaction.

§ 24.435   What must I require of a primary tier participant?
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You as an agency official must require each participant in a primary tier covered transaction to—

(a) Comply with subpart C of this part as a condition of participation in the transaction; and

(b) Communicate the requirement to comply with Subpart C of this part to persons at the next lower tier with whom the primary tier participant enters into covered transactions.

§ 24.440   What method do I use to communicate those requirements to participants?
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To communicate the requirements to participants, you must include a term or condition in the transaction requiring the participants' compliance with subpart C of this part and requiring them to include a similar term or condition in lower tier covered transactions.

[68 FR 66596, Nov. 26, 2003]

§ 24.445   What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person?
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If a participant knowingly does business with an excluded or disqualified person, you as an agency official may refer the matter for suspension and debarment consideration. You may also disallow costs, annul or terminate the transaction, issue a stop work order, or take any other appropriate remedy.

§ 24.450   What action may I take if a primary tier participant fails to disclose the information required under §24.335?
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If you as an agency official determine that a participant failed to disclose information, as required by §24.335, at the time it entered into a covered transaction with you, you may—

(a) Terminate the transaction for material failure to comply with the terms and conditions of the transaction; or

(b) Pursue any other available remedies, including suspension and debarment.

§ 24.455   What may I do if a lower tier participant fails to disclose the information required under §24.355 to the next higher tier?
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If you as an agency official determine that a lower tier participant failed to disclose information, as required by §24.355, at the time it entered into a covered transaction with a participant at the next higher tier, you may pursue any remedies available to you, including the initiation of a suspension or debarment action.

Subpart E—Excluded Parties List System
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§ 24.500   What is the purpose of the Excluded Parties List System (EPLS)?
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The EPLS is a widely available source of the most current information about persons who are excluded or disqualified from covered transactions.

§ 24.505   Who uses the EPLS?
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(a) Federal agency officials use the EPLS to determine whether to enter into a transaction with a person, as required under §24.430.

(b) Participants also may, but are not required to, use the EPLS to determine if—

(1) Principals of their transactions are excluded or disqualified, as required under §24.320; or

(2) Persons with whom they are entering into covered transactions at the next lower tier are excluded or disqualified.

(c) The EPLS is available to the general public.

§ 24.510   Who maintains the EPLS?
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In accordance with the OMB guidelines, the General Services Administration (GSA) maintains the EPLS. When a Federal agency takes an action to exclude a person under the nonprocurement or procurement debarment and suspension system, the agency enters the information about the excluded person into the EPLS.

§ 24.515   What specific information is in the EPLS?
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(a) At a minimum, the EPLS indicates—

(1) The full name (where available) and address of each excluded or disqualified person, in alphabetical order, with cross references if more than one name is involved in a single action;

(2) The type of action;

(3) The cause for the action;

(4) The scope of the action;

(5) Any termination date for the action;

(6) The agency and name and telephone number of the agency point of contact for the action; and

(7) The Dun and Bradstreet Number (DUNS), or other similar code approved by the GSA, of the excluded or disqualified person, if available.

(b)(1) The database for the EPLS includes a field for the Taxpayer Identification Number (TIN) (the social security number (SSN) for an individual) of an excluded or disqualified person.

(2) Agencies disclose the SSN of an individual to verify the identity of an individual, only if permitted under the Privacy Act of 1974 and, if appropriate, the Computer Matching and Privacy Protection Act of 1988, as codified in 5 U.S.C. 552(a).

§ 24.520   Who places the information into the EPLS?
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Federal officials who take actions to exclude persons under this part or officials who are responsible for identifying disqualified persons must enter the following information about those persons into the EPLS:

(a) Information required by §24.515(a);

(b) The Taxpayer Identification Number (TIN) of the excluded or disqualified person, including the social security number (SSN) for an individual, if the number is available and may be disclosed under law;

(c) Information about an excluded or disqualified person, generally within five working days, after—

(1) Taking an exclusion action;

(2) Modifying or rescinding an exclusion action;

(3) Finding that a person is disqualified; or

(4) Finding that there has been a change in the status of a person who is listed as disqualified.

§ 24.525   Whom do I ask if I have questions about a person in the EPLS?
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If you have questions about a person in the EPLS, ask the point of contact for the Federal agency that placed the person's name into the EPLS. You may find the agency point of contact from the EPLS.

§ 24.530   Where can I find the EPLS?
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(a) You may access the EPLS through the Internet, currently at http://epls.arnet.gov.

(b) As of November 26, 2003, you may also subscribe to a printed version. However, we anticipate discontinuing the printed version. Until it is discontinued, you may obtain the printed version by purchasing a yearly subscription from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, or by calling the Government Printing Office Inquiry and Order Desk at (202) 783–3238.

Subpart F—General Principles Relating to Suspension and Debarment Actions
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§ 24.600   How do suspension and debarment actions start?
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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.

§ 24.605   How does suspension differ from debarment?
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Suspension differs from debarment in that—

 ------------------------------------------------------------------------      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.------------------------------------------------------------------------
§ 24.610   What procedures does the Department of Housing and Urban Development use in suspension and debarment actions?
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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.

§ 24.615   How does the Department of Housing and Urban Development notify a person of a suspension or debarment action?
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(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.

§ 24.620   Do Federal agencies coordinate suspension and debarment actions?
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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.

§ 24.625   What is the scope of a suspension or debarment?
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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.

§ 24.630   May the Department of Housing and Urban Development impute conduct of one person to another?
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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.

§ 24.635   May the Department of Housing and Urban Development settle a debarment or suspension action?
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Yes, we may settle a debarment or suspension action at any time if it is in the best interest of the Federal Government.

§ 24.640   May a settlement include a voluntary exclusion?
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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.

§ 24.645   Do other Federal agencies know if the Department of Housing and Urban Development agrees to a voluntary exclusion?
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(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.

Subpart G—Suspension
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§ 24.700   When may the suspending official issue a suspension?
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Suspension is a serious action. Using the procedures of this subpart and subpart F of this part, the suspending official may impose suspension only when that official determines that—

(a) There exists an indictment for, or other adequate evidence to suspect, an offense listed under §24.800(a), or

(b) There exists adequate evidence to suspect any other cause for debarment listed under §24.800(b) through (d); and

(c) Immediate action is necessary to protect the public interest.

§ 24.705   What does the suspending official consider in issuing a suspension?
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(a) In determining the adequacy of the evidence to support the suspension, the suspending official considers how much information is available, how credible it is given the circumstances, whether or not important allegations are corroborated, and what inferences can reasonably be drawn as a result. During this assessment, the suspending official may examine the basic documents, including grants, cooperative agreements, loan authorizations, contracts, and other relevant documents.

(b) An indictment, conviction, civil judgment, or other official findings by Federal, State, or local bodies that determine factual and/or legal matters, constitutes adequate evidence for purposes of suspension actions.

(c) In deciding whether immediate action is needed to protect the public interest, the suspending official has wide discretion. For example, the suspending official may infer the necessity for immediate action to protect the public interest either from the nature of the circumstances giving rise to a cause for suspension or from potential business relationships or involvement with a program of the Federal Government.

§ 24.710   When does a suspension take effect?
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A suspension is effective when the suspending official signs the decision to suspend.

§ 24.715   What notice does the suspending official give me if I am suspended?
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After deciding to suspend you, the suspending official promptly sends you a Notice of Suspension advising you—

(a) That you have been suspended;

(b) That your suspension is based on—

(1) An indictment;

(2) A conviction;

(3) Other adequate evidence that you have committed irregularities which seriously reflect on the propriety of further Federal Government dealings with you; or

(4) Conduct of another person that has been imputed to you, or your affiliation with a suspended or debarred person;

(c) Of any other irregularities in terms sufficient to put you on notice without disclosing the Federal Government's evidence;

(d) Of the cause(s) upon which we relied under §24.700 for imposing suspension;

(e) That your suspension is for a temporary period pending the completion of an investigation or resulting legal or debarment proceedings;

(f) Of the applicable provisions of this subpart, Subpart F of this part, and any other HUD procedures governing suspension decision making; and

(g) Of the governmentwide effect of your suspension from procurement and nonprocurement programs and activities.

§ 24.720   How may I contest a suspension?
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If you as a respondent wish to contest a suspension, you or your representative must provide the suspending official with information in opposition to the suspension. You may do this orally or in writing, but any information provided orally that you consider important must also be submitted in writing for the official record.

§ 24.725   How much time do I have to contest a suspension?
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(a) As a respondent you or your representative must either send, or make arrangements to appear and present, the information and argument to the suspending official within 30 days after you receive the Notice of Suspension.

(b) We consider the notice to be received by you—

(1) When delivered, if we mail the notice to the last known street address, or five days after we send it if the letter is undeliverable;

(2) When sent, if we send the notice by facsimile or five days after we send it if the facsimile is undeliverable; or

(3) When delivered, if we send the notice by e-mail or five days after we send it if the e-mail is undeliverable.

§ 24.730   What information must I provide to the suspending official if I contest a suspension?
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(a) In addition to any information and argument in opposition, as a respondent your submission to the suspending official must identify—

(1) Specific facts that contradict the statements contained in the Notice of Suspension. A general denial is insufficient to raise a genuine dispute over facts material to the suspension;

(2) All existing, proposed, or prior exclusions under regulations implementing E.O. 12549 and all similar actions taken by Federal, state, or local agencies, including administrative agreements that affect only those agencies;

(3) All criminal and civil proceedings not included in the Notice of Suspension that grew out of facts relevant to the cause(s) stated in the notice; and

(4) All of your affiliates.

(b) If you fail to disclose this information, or provide false information, the Department of Housing and Urban Development may seek further criminal, civil or administrative action against you, as appropriate.

§ 24.735   Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based?
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(a) You as a respondent will not have an additional opportunity to challenge the facts if the suspending official determines that—

(1) Your suspension is based upon an indictment, conviction, civil judgment, or other finding by a Federal, State, or local body for which an opportunity to contest the facts was provided;

(2) Your presentation in opposition contains only general denials to information contained in the Notice of Suspension;

(3) The issues raised in your presentation in opposition to the suspension are not factual in nature, or are not material to the suspending official's initial decision to suspend, or the official's decision whether to continue the suspension; or

(4) On the basis of advice from the Department of Justice, an office of the United States Attorney, a State attorney general's office, or a State or local prosecutor's office, that substantial interests of the government in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced by conducting fact-finding.

(b) You will have an opportunity to challenge the facts if the suspending official determines that—

(1) The conditions in paragraph (a) of this section do not exist; and

(2) Your presentation in opposition raises a genuine dispute over facts material to the suspension.

(c) If you have an opportunity to challenge disputed material facts under this section, the suspending official or designee must conduct additional proceedings to resolve those facts.

§ 24.740   Are suspension proceedings formal?
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(a) Suspension proceedings are conducted in a fair and informal manner. The suspending official may use flexible procedures to allow you to present matters in opposition. In so doing, the suspending official is not required to follow formal rules of evidence or procedure in creating an official record upon which the official will base a final suspension decision.

(b) You as a respondent or your representative must submit any documentary evidence you want the suspending official to consider.

§ 24.745   How is fact-finding conducted?
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(a) If fact-finding is conducted—

(1) You may present witnesses and other evidence, and confront any witness presented; and

(2) The fact-finder must prepare written findings of fact for the record.

(b) A transcribed record of fact-finding proceedings must be made, unless you as a respondent and the Department of Housing and Urban Development agree to waive it in advance. If you want a copy of the transcribed record, you may purchase it.

§ 24.750   What does the suspending official consider in deciding whether to continue or terminate my suspension?
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(a) The suspending official bases the decision on all information contained in the official record. The record includes—

(1) All information in support of the suspending official's initial decision to suspend you;

(2) Any further information and argument presented in support of, or opposition to, the suspension; and

(3) Any transcribed record of fact-finding proceedings.

(b) The suspending official may refer disputed material facts to another official for findings of fact. The suspending official may reject any resulting findings, in whole or in part, only after specifically determining them to be arbitrary, capricious, or clearly erroneous.

(c) The official receiving the referral for findings of fact regarding disputed material facts must be a hearing officer in all HUD suspensions.

[68 FR 66544, 66594, 66596, Nov. 26, 2003]

§ 24.755   When will I know whether the suspension is continued or terminated?
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The suspending official must make a written decision whether to continue, modify, or terminate your suspension within 45 days of closing the official record. The official record closes upon the suspending official's receipt of final submissions, information and findings of fact, if any. The suspending official may extend that period for good cause.

§ 24.760   How long may my suspension last?
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(a) If legal or debarment proceedings are initiated at the time of, or during your suspension, the suspension may continue until the conclusion of those proceedings. However, if proceedings are not initiated, a suspension may not exceed 12 months.

(b) The suspending official may extend the 12 month limit under paragraph (a) of this section for an additional 6 months if an office of a U.S. Assistant Attorney General, U.S. Attorney, or other responsible prosecuting official requests an extension in writing. In no event may a suspension exceed 18 months without initiating proceedings under paragraph (a) of this section.

(c) The suspending official must notify the appropriate officials under paragraph (b) of this section of an impending termination of a suspension at least 30 days before the 12 month period expires to allow the officials an opportunity to request an extension.

Subpart H—Debarment
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§ 24.800   What are the causes for debarment?
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We may debar a person for—

(a) Conviction of or civil judgment for—

(1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction;

(2) Violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging;

(3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or

(4) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility;

(b) Violation of the terms of a public agreement or transaction so serious as to affect the integrity of an agency program, such as—

(1) A willful failure to perform in accordance with the terms of one or more public agreements or transactions;

(2) A history of failure to perform or of unsatisfactory performance of one or more public agreements or transactions; or

(3) A willful violation of a statutory or regulatory provision or requirement applicable to a public agreement or transaction;

(c) Any of the following causes:

(1) A nonprocurement debarment by any Federal agency taken before October 1, 1988, or a procurement debarment by any Federal agency taken pursuant to 48 CFR part 9, subpart 9.4, before August 25, 1995;

(2) Knowingly doing business with an ineligible person, except as permitted under §24.120;

(3) Failure to pay a single substantial debt, or a number of outstanding debts (including disallowed costs and overpayments, but not including sums owed the Federal Government under the Internal Revenue Code) owed to any Federal agency or instrumentality, provided the debt is uncontested by the debtor or, if contested, provided that the debtor's legal and administrative remedies have been exhausted;

(4) Violation of a material provision of a voluntary exclusion agreement entered into under §24.640 or of any settlement of a debarment or suspension action; or

(5) Violation of the provisions of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701); or

(d) Any other cause of so serious or compelling a nature that it affects your present responsibility.

§ 24.805   What notice does the debarring official give me if I am proposed for debarment?
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After consideration of the causes in §24.800 of this subpart, if the debarring official proposes to debar you, the official sends you a Notice of Proposed Debarment, pursuant to §24.615, advising you—

(a) That the debarring official is considering debarring you;

(b) Of the reasons for proposing to debar you in terms sufficient to put you on notice of the conduct or transactions upon which the proposed debarment is based;

(c) Of the cause(s) under §24.800 upon which the debarring official relied for proposing your debarment;

(d) Of the applicable provisions of this subpart, Subpart F of this part, and any other HUD procedures governing debarment; and

(e) Of the governmentwide effect of a debarment from procurement and nonprocurement programs and activities.

§ 24.810   When does a debarment take effect?
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A debarment is not effective until the debarring official issues a decision. The debarring official does not issue a decision until the respondent has had an opportunity to contest the proposed debarment.

§ 24.815   How may I contest a proposed debarment?
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If you as a respondent wish to contest a proposed debarment, you or your representative must provide the debarring official with information in opposition to the proposed debarment. You may do this orally or in writing, but any information provided orally that you consider important must also be submitted in writing for the official record.

§ 24.820   How much time do I have to contest a proposed debarment?
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(a) As a respondent you or your representative must either send, or make arrangements to appear and present, the information and argument to the debarring official within 30 days after you receive the Notice of Proposed Debarment.

(b) We consider the Notice of Proposed Debarment to be received by you—

(1) When delivered, if we mail the notice to the last known street address, or five days after we send it if the letter is undeliverable;

(2) When sent, if we send the notice by facsimile or five days after we send it if the facsimile is undeliverable; or

(3) When delivered, if we send the notice by e-mail or five days after we send it if the e-mail is undeliverable.

§ 24.825   What information must I provide to the debarring official if I contest a proposed debarment?
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(a) In addition to any information and argument in opposition, as a respondent your submission to the debarring official must identify—

(1) Specific facts that contradict the statements contained in the Notice of Proposed Debarment. Include any information about any of the factors listed in §24.860. A general denial is insufficient to raise a genuine dispute over facts material to the debarment;

(2) All existing, proposed, or prior exclusions under regulations implementing E.O. 12549 and all similar actions taken by Federal, State, or local agencies, including administrative agreements that affect only those agencies;

(3) All criminal and civil proceedings not included in the Notice of Proposed Debarment that grew out of facts relevant to the cause(s) stated in the notice; and

(4) All of your affiliates.

(b) If you fail to disclose this information, or provide false information, the Department of Housing and Urban Development may seek further criminal, civil or administrative action against you, as appropriate.

§ 24.830   Under what conditions do I get an additional opportunity to challenge the facts on which a proposed debarment is based?
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(a) You as a respondent will not have an additional opportunity to challenge the facts if the debarring official determines that—

(1) Your debarment is based upon a conviction or civil judgment;

(2) Your presentation in opposition contains only general denials to information contained in the Notice of Proposed Debarment; or

(3) The issues raised in your presentation in opposition to the proposed debarment are not factual in nature, or are not material to the debarring official's decision whether to debar.

(b) You will have an additional opportunity to challenge the facts if the debarring official determines that—

(1) The conditions in paragraph (a) of this section do not exist; and

(2) Your presentation in opposition raises a genuine dispute over facts material to the proposed debarment.

(c) If you have an opportunity to challenge disputed material facts under this section, the debarring official or designee must conduct additional proceedings to resolve those facts.

§ 24.835   Are debarment proceedings formal?
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(a) Debarment proceedings are conducted in a fair and informal manner. The debarring official may use flexible procedures to allow you as a respondent to present matters in opposition. In so doing, the debarring official is not required to follow formal rules of evidence or procedure in creating an official record upon which the official will base the decision whether to debar.

(b) You or your representative must submit any documentary evidence you want the debarring official to consider.

§ 24.840   How is fact-finding conducted?
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(a) If fact-finding is conducted—

(1) You may present witnesses and other evidence, and confront any witness presented; and

(2) The fact-finder must prepare written findings of fact for the record.

(b) A transcribed record of fact-finding proceedings must be made, unless you as a respondent and the Department of Housing and Urban Development agree to waive it in advance. If you want a copy of the transcribed record, you may purchase it.

§ 24.845   What does the debarring official consider in deciding whether to debar me?
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(a) The debarring official may debar you for any of the causes in §24.800. However, the official need not debar you even if a cause for debarment exists. The official may consider the seriousness of your acts or omissions and the mitigating or aggravating factors set forth at §24.860.

(b) The debarring official bases the decision on all information contained in the official record. The record includes—

(1) All information in support of the debarring official's proposed debarment;

(2) Any further information and argument presented in support of, or in opposition to, the proposed debarment; and

(3) Any transcribed record of fact-finding proceedings.

(c) The debarring official may refer disputed material facts to another official for findings of fact. The debarring official may reject any resultant findings, in whole or in part, only after specifically determining them to be arbitrary, capricious, or clearly erroneous.

(d) The official receiving the referral for findings of fact regarding disputed material facts must be a hearing officer in all HUD debarments.

[68 FR 66544, 66594, 66596, Nov. 26, 2003]

§ 24.850   What is the standard of proof in a debarment action?
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(a) In any debarment action, we must establish the cause for debarment by a preponderance of the evidence.

(b) If the proposed debarment is based upon a conviction or civil judgment, the standard of proof is met.

§ 24.855   Who has the burden of proof in a debarment action?
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(a) We have the burden to prove that a cause for debarment exists.

(b) Once a cause for debarment is established, you as a respondent have the burden of demonstrating to the satisfaction of the debarring official that you are presently responsible and that debarment is not necessary.

§ 24.860   What factors may influence the debarring official's decision?
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This section lists the mitigating and aggravating factors that the debarring official may consider in determining whether to debar you and the length of your debarment period. The debarring official may consider other factors if appropriate in light of the circumstances of a particular case. The existence or nonexistence of any factor, such as one of those set forth in this section, is not necessarily determinative of your present responsibility. In making a debarment decision, the debarring official may consider the following factors:

(a) The actual or potential harm or impact that results or may result from the wrongdoing.

(b) The frequency of incidents and/or duration of the wrongdoing.

(c) Whether there is a pattern or prior history of wrongdoing. For example, if you have been found by another Federal agency or a State agency to have engaged in wrongdoing similar to that found in the debarment action, the existence of this fact may be used by the debarring official in determining that you have a pattern or prior history of wrongdoing.

(d) Whether you are or have been excluded or disqualified by an agency of the Federal Government or have not been allowed to participate in State or local contracts or assistance agreements on a basis of conduct similar to one or more of the causes for debarment specified in this part.

(e) Whether you have entered into an administrative agreement with a Federal agency or a State or local government that is not governmentwide but is based on conduct similar to one or more of the causes for debarment specified in this part.

(f) Whether and to what extent you planned, initiated, or carried out the wrongdoing.

(g) Whether you have accepted responsibility for the wrongdoing and recognize the seriousness of the misconduct that led to the cause for debarment.

(h) Whether you have paid or agreed to pay all criminal, civil and administrative liabilities for the improper activity, including any investigative or administrative costs incurred by the government, and have made or agreed to make full restitution.

(i) Whether you have cooperated fully with the government agencies during the investigation and any court or administrative action. In determining the extent of cooperation, the debarring official may consider when the cooperation began and whether you disclosed all pertinent information known to you.

(j) Whether the wrongdoing was pervasive within your organization.

(k) The kind of positions held by the individuals involved in the wrongdoing.

(l) Whether your organization took appropriate corrective action or remedial measures, such as establishing ethics training and implementing programs to prevent recurrence.

(m) Whether your principals tolerated the offense.

(n) Whether you brought the activity cited as a basis for the debarment to the attention of the appropriate government agency in a timely manner.

(o) Whether you have fully investigated the circumstances surrounding the cause for debarment and, if so, made the result of the investigation available to the debarring official.

(p) Whether you had effective standards of conduct and internal control systems in place at the time the questioned conduct occurred.

(q) Whether you have taken appropriate disciplinary action against the individuals responsible for the activity which constitutes the cause for debarment.

(r) Whether you have had adequate time to eliminate the circumstances within your organization that led to the cause for the debarment.

(s) Other factors that are appropriate to the circumstances of a particular case.

§ 24.865   How long may my debarment last?
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(a) If the debarring official decides to debar you, your period of debarment will be based on the seriousness of the cause(s) upon which your debarment is based. Generally, debarment should not exceed three years. However, if circumstances warrant, the debarring official may impose a longer period of debarment.

(b) In determining the period of debarment, the debarring official may consider the factors in §24.860. If a suspension has preceded your debarment, the debarring official must consider the time you were suspended.

(c) If the debarment is for a violation of the provisions of the Drug-Free Workplace Act of 1988, your period of debarment may not exceed five years.

§ 24.870   When do I know if the debarring official debars me?
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(a) The debarring official must make a written decision whether to debar within 45 days of closing the official record. The official record closes upon the debarring official's receipt of final submissions, information and findings of fact, if any. The debarring official may extend that period for good cause.

(b) The debarring official sends you written notice, pursuant to §24.615 that the official decided, either—

(1) Not to debar you; or

(2) To debar you. In this event, the notice:

(i) Refers to the Notice of Proposed Debarment;

(ii) Specifies the reasons for your debarment;

(iii) States the period of your debarment, including the effective dates; and

(iv) Advises you that your debarment is effective for covered transactions and contracts that are subject to the Federal Acquisition Regulation (48 CFR chapter 1), throughout the executive branch of the Federal Government unless an agency head or an authorized designee grants an exception.

§ 24.875   May I ask the debarring official to reconsider a decision to debar me?
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Yes, as a debarred person you may ask the debarring official to reconsider the debarment decision or to reduce the time period or scope of the debarment. However, you must put your request in writing and support it with documentation.

§ 24.880   What factors may influence the debarring official during reconsideration?
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The debarring official may reduce or terminate your debarment based on—

(a) Newly discovered material evidence;

(b) A reversal of the conviction or civil judgment upon which your debarment was based;

(c) A bona fide change in ownership or management;

(d) Elimination of other causes for which the debarment was imposed; or

(e) Other reasons the debarring official finds appropriate.

§ 24.885   May the debarring official extend a debarment?
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(a) Yes, the debarring official may extend a debarment for an additional period, if that official determines that an extension is necessary to protect the public interest.

(b) However, the debarring official may not extend a debarment solely on the basis of the facts and circumstances upon which the initial debarment action was based.

(c) If the debarring official decides that a debarment for an additional period is necessary, the debarring official must follow the applicable procedures in this subpart, and subpart F of this part, to extend the debarment.

Subpart I—Definitions
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§ 24.900   Adequate evidence.
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Adequate evidence means information sufficient to support the reasonable belief that a particular act or omission has occurred.

§ 24.905   Affiliate.
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Persons are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other or a third person controls or has the power to control both. The ways we use to determine control include, but are not limited to—

(a) Interlocking management or ownership;

(b) Identity of interests among family members;

(c) Shared facilities and equipment;

(d) Common use of employees; or

(e) A business entity which has been organized following the exclusion of a person which has the same or similar management, ownership, or principal employees as the excluded person.

§ 24.910   Agency.
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Agency means any United States executive department, military department, defense agency, or any other agency of the executive branch. Other agencies of the Federal government are not considered “agencies” for the purposes of this part unless they issue regulations adopting the governmentwide Debarment and Suspension system under Executive orders 12549 and 12689.

§ 24.915   Agent or representative.
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Agent or representative means any person who acts on behalf of, or who is authorized to commit, a participant in a covered transaction.

§ 24.920   Civil judgment.
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Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement, stipulation, other disposition which creates a civil liability for the complained of wrongful acts, or a final determination of liability under the Program Fraud Civil Remedies Act of 1988 (31 U.S.C. 3801–3812).

§ 24.925   Conviction.
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Conviction means—

(a) A judgment or any other determination of guilt of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or plea, including a plea of nolo contendere; or

(b) Any other resolution that is the functional equivalent of a judgment, including probation before judgment and deferred prosecution. A disposition without the participation of the court is the functional equivalent of a judgment only if it includes an admission of guilt.

§ 24.930   Debarment.
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Debarment means an action taken by a debarring official under subpart H of this part to exclude a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1). A person so excluded is debarred.

§ 24.935   Debarring official.
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(a) Debarring official means an agency official who is authorized to impose debarment. A debarring official is either—

(1) The agency head; or

(2) An official designated by the agency head.

(b) [Reserved]

§ 24.940   Disqualified.
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Disqualified means that a person is prohibited from participating in specified Federal procurement or nonprocurement transactions as required under a statute, Executive order (other than Executive Orders 12549 and 12689) or other authority. Examples of disqualifications include persons prohibited under—

(a) The Davis-Bacon Act (40 U.S.C. 276(a));

(b) The equal employment opportunity acts and Executive orders; or

(c) The Clean Air Act (42 U.S.C. 7606), Clean Water Act (33 U.S.C. 1368) and Executive Order 11738 (3 CFR, 1973 Comp., p. 799).

§ 24.945   Excluded or exclusion.
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Excluded or exclusion means—

(a) That a person or commodity is prohibited from being a participant in covered transactions, whether the person has been suspended; debarred; proposed for debarment under 48 CFR part 9, subpart 9.4; voluntarily excluded; or

(b) The act of excluding a person.

§ 24.947   Hearing officer.
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Hearing officer means an Administrative Law Judge or Board of Contract Appeals Judge authorized by HUD's Secretary or by the Secretary's designee, to conduct proceedings under this part.

[68 FR 66596, Nov. 26, 2003]

§ 24.950   Excluded Parties List System
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Excluded Parties List System (EPLS) means the list maintained and disseminated by the General Services Administration (GSA) containing the names and other information about persons who are ineligible. The EPLS system includes the printed version entitled, “List of Parties Excluded or Disqualified from Federal Procurement and Nonprocurement Programs,” so long as published.

§ 24.955   Indictment.
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Indictment means an indictment for a criminal offense. A presentment, information, or other filing by a competent authority charging a criminal offense shall be given the same effect as an indictment.

§ 24.960   Ineligible or ineligibility.
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Ineligible or ineligibility means that a person or commodity is prohibited from covered transactions because of an exclusion or disqualification.

§ 24.965   Legal proceedings.
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Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C. 3801–3812), to which the Federal Government or a State or local government or quasi-governmental authority is a party. The term also includes appeals from those proceedings.

§ 24.970   Nonprocurement transaction.
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(a) Nonprocurement transaction means any transaction, regardless of type (except procurement contracts), including, but not limited to the following:

(1) Grants.

(2) Cooperative agreements.

(3) Scholarships.

(4) Fellowships.

(5) Contracts of assistance.

(6) Loans.

(7) Loan guarantees.

(8) Subsidies.

(9) Insurances.

(10) Payments for specified uses.

(11) Donation agreements.

(b) A nonprocurement transaction at any tier does not require the transfer of Federal funds.

§ 24.975   Notice.
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Notice means a written communication served in person, sent by certified mail or its equivalent, or sent electronically by e-mail or facsimile. (See §24.615.)

§ 24.980   Participant.
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Participant means any person who submits a proposal for or who enters into a covered transaction, including an agent or representative of a participant.

§ 24.985   Person.
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Person means any individual, corporation, partnership, association, unit of government, or legal entity, however organized.

§ 24.990   Preponderance of the evidence.
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Preponderance of the evidence means proof by information that, compared with information opposing it, leads to the conclusion that the fact at issue is more probably true than not.

§ 24.995   Principal.
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Principal means—

(a) An officer, director, owner, partner, principal investigator, or other person within a participant with management or supervisory responsibilities related to a covered transaction; or

(b) A consultant or other person, whether or not employed by the participant or paid with Federal funds, who—

(1) Is in a position to handle Federal funds;

(2) Is in a position to influence or control the use of those funds; or,

(3) Occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction.

(c) A person who has a critical influence on, or substantive control over, a covered transaction, whether or not employed by the participant. Persons who have a critical influence on, or substantive control over, a covered transaction may include, but are not limited to:

(1) Loan officers;

(2) Staff appraisers and inspectors;

(3) Underwriters;

(4) Bonding companies;

(5) Borrowers under programs financed by HUD or with loans guaranteed, insured, or subsidized through HUD programs;

(6) Purchasers of properties with HUD-insured or Secretary-held mortgages;

(7) Recipients under HUD assistance agreements;

(8) Ultimate beneficiaries of HUD programs;

(9) Fee appraisers and inspectors;

(10) Real estate agents and brokers;

(11) Management and marketing agents;

(12) Accountants, consultants, investment bankers, architects, engineers, and attorneys who are in a business relationship with participants in connection with a covered transaction under a HUD program;

(13) Contractors involved in the construction or rehabilitation of properties financed by HUD, with HUD insured loans, or acquired properties, including properties held by HUD as mortgagee-in-possession;

(14) Closing agents;

(15) Turnkey developers of projects financed by or with financing insured by HUD;

(16) Title companies;

(17) Escrow agents;

(18) Project owners;

(19) Administrators of hospitals, nursing homes, and projects for the elderly financed or insured by HUD; and

(20) Developers, sellers or owners of property financed with loans insured under title I or title II of the National Housing Act.

[68 FR 66544, 66594, 66596, Nov. 26, 2003]

§ 24.1000   Respondent.
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Respondent means a person against whom an agency has initiated a debarment or suspension action.

§ 24.1005   State.
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(a) State means—

(1) Any of the states of the United States;

(2) The District of Columbia;

(3) The Commonwealth of Puerto Rico;

(4) Any territory or possession of the United States; or

(5) Any agency or instrumentality of a state.

(b) For purposes of this part, State does not include institutions of higher education, hospitals, or units of local government.

§ 24.1010   Suspending official.
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(a) Suspending official means an agency official who is authorized to impose suspension. The suspending official is either:

(1) The agency head; or

(2) An official designated by the agency head.

(b) [Reserved]

§ 24.1015   Suspension.
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Suspension is an action taken by a suspending official under subpart G of this part that immediately prohibits a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1) for a temporary period, pending completion of an agency investigation and any judicial or administrative proceedings that may ensue. A person so excluded is suspended.

§ 24.1017   Ultimate beneficiaries.
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Ultimate beneficiaries of HUD programs include, but are not limited to, subsidized tenants and subsidized mortgagors, such as those assisted under Section 8 Housing Assistance Payment contracts, by Section 236 Rental Assistance, or by Rent Supplement payments.

[69 FR 53978, Sept. 3, 2004]

§ 24.1020   Voluntary exclusion or voluntarily excluded.
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(a) Voluntary exclusion means a person's agreement to be excluded under the terms of a settlement between the person and one or more agencies. Voluntary exclusion must have governmentwide effect.

(b) Voluntarily excluded means the status of a person who has agreed to a voluntary exclusion.

Subpart J—Limited Denial of Participation
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Source:  68 FR 66597, Nov. 26, 2003, unless otherwise noted.

§ 24.1100   What is a limited denial of participation?
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A limited denial of participation excludes a specific person from participating in a specific program, or programs, within a HUD field office's geographic jurisdiction, for a specific period of time. A limited denial of participation is normally issued by a HUD field office, but may be issued by a Headquarters office. The decision to impose a limited denial of participation is discretionary and in the best interests of the government.

§ 24.1105   Who may issue a limited denial of participation?
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The Secretary designates HUD officials who are authorized to impose a limited denial of participation, affecting any participant and/or their affiliates, except FHA-approved mortgagees.

§ 24.1110   When may a HUD official issue a limited denial of participation?
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(a) An authorized HUD official may issue a limited denial of participation against a person based upon adequate evidence of any of the following causes:

(1) Approval of an applicant for insurance would constitute an unsatisfactory risk;

(2) Irregularities in a person's past performance in a HUD program;

(3) Failure of a person to maintain the prerequisites of eligibility to participate in a HUD program;

(4) Failure to honor contractual obligations or to proceed in accordance with contract specifications or HUD regulations;

(5) Failure to satisfy, upon completion, the requirements of an assistance agreement or contract;

(6) Deficiencies in ongoing construction projects;

(7) Falsely certifying in connection with any HUD program, whether or not the certification was made directly to HUD;

(8) Commission of an offense listed in §24.800;

(9) Violation of any law, regulation, or procedure relating to the application for financial assistance, insurance, or guarantee, or to the performance of obligations incurred pursuant to a grant of financial assistance or pursuant to a conditional or final commitment to insure or guarantee;

(10) Making or procuring to be made any false statement for the purpose of influencing in any way an action of the Department;

(11) Imposition of a limited denial of participation by any other HUD office; or

(12) Debarment or suspension by another federal agency for any cause substantially the same as provided in §24.800.

(b) Filing of a criminal Indictment or Information shall constitute adequate evidence for the purpose of limited denial of participation actions. The Indictment or Information need not be based on offenses against HUD.

(c) Imposition of a limited denial of participation by any other HUD office shall constitute adequate evidence for a concurrent limited denial of participation. Where such a concurrent limited denial of participation is imposed, participation may be restricted on the same basis without the need for additional conference or further hearing.

(d) An affiliate or organizational element may be included in a limited denial of participation solely on the basis of its affiliation, and regardless of its knowledge of or participation in the acts providing cause for the sanction. The burden of proving that a particular affiliate or organizational element is currently responsible and not controlled by the primary sanctioned party (or by an entity that itself is controlled by the primary sanctioned party) is on the affiliate or organizational element.

§ 24.1115   When does a limited denial of participation take effect?
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A limited denial of participation is effective immediately upon issuance of the notice.

§ 24.1120   How long may a limited denial of participation last?
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A limited denial of participation may remain effective up to 12 months.

§ 24.1125   How does a limited denial of participation start?
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A limited denial of participation is made effective by providing the person, and any specifically named affiliate, with notice:

(a) That the limited denial of participation is being imposed;

(b) Of the cause(s) under §24.1110 for the sanction;

(c) Of the potential effect of the sanction, including the length of the sanction and the HUD program(s) and geographic area affected by the sanction;

(d) Of the right to request, in writing, within 30 days of receipt of the notice, a conference under §24.1130; and

(e) Of the right to contest the limited denial of participation under §24.1130.

§ 24.1130   How may I contest my limited denial of participation?
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(a) Within 30 days after receiving a notice of limited denial of participation, you may request a conference with the official who issued such notice. The conference shall be held within 15 days after the Department's receipt of the request for a conference, unless you waive this time limit. The official or designee who imposed the sanction shall preside. At the conference, you may appear with a representative and may present all relevant information and materials to the official or designee. Within 20 days after the conference, or within 20 days after any agreed upon extension of time for submission of additional materials, the official or designee shall, in writing, advise you of the decision to terminate, modify, or affirm the limited denial of participation. If all or a portion of the remaining period of exclusion is affirmed, the notice of affirmation shall advise you of the opportunity to contest the notice and request a hearing before a Departmental Hearing Officer. You have 30 days after receipt of the notice of affirmation to request this hearing. If the official or designee does not issue a decision within the 20-day period, you may contest the sanction before a Departmental Hearing Officer. Again, you have 30 days from the expiration of the 20-day period to request this hearing. If you request a hearing before the Departmental Hearing Officer, you must submit your request to the Debarment Docket Clerk, Department of Housing and Urban Development, 451 Seventh Street, SW, B–133 Portals 200, Washington DC 20410–0500.

(b) You may skip the conference with the official and you may request a hearing before a Departmental Hearing Officer. This must also be done within 30 days after receiving a notice of limited denial of participation. If you opt to have a hearing before a Departmental Hearing Officer, you must submit your request to the Debarment Docket Clerk, Department of Housing and Urban Development, 451 Seventh Street, SW, B–133 Portals 200, Washington DC 20410–0500. The hearing before the Departmental Hearing Officer is more formal than the conference before the sanctioning official described above. The hearing before the Departmental Hearing Officer will be conducted in accordance with 24 CFR part 26, subpart A. The Departmental Hearing Officer will issue findings of fact and make a recommended decision. The sanctioning official will then make a final decision as promptly as possible after the Departmental Hearing Officer recommended decision is issued. The sanctioning official may reject the recommended decision or any findings of fact, only after specifically determining the decision or any of the facts to be arbitrary or capricious or clearly erroneous.

§ 24.1135   Do federal agencies coordinate limited denial of participation actions?
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Federal agencies do not coordinate limited denial of participation actions. As stated in §24.1100, a limited denial of participation is a HUD-specific action and applies only to HUD activities.

§ 24.1140   What is the scope of a limited denial of participation?
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The scope of a limited denial of participation is as follows:

(a) A limited denial of participation generally extends only to participation in the program under which the cause arose. A limited denial of participation may, at the discretion of the authorized official, extend to other programs, initiatives, or functions within the jurisdiction of an Assistant Secretary. The authorized official, however, may determine that the sanction shall apply to all programs throughout HUD where the sanction is based on an indictment or conviction.

(b) For purposes of this subpart, participation includes receipt of any benefit or financial assistance through grants or contractual arrangements; benefits or assistance in the form of loan guarantees or insurance; and awards of procurement contracts.

(c) The sanction may be imposed for a period not to exceed 12 months, and shall be effective within the geographic jurisdiction of the office imposing it, unless the sanction is imposed by an Assistant Secretary or Deputy Assistant Secretary in which case the sanction may be imposed on either a nationwide or a more restricted basis.

§ 24.1145   May HUD impute the conduct of one person to another in a limited denial of participation?
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For purposes of determining a limited denial of participation, HUD may impute conduct as follows:

(a) Conduct imputed from an individual to an organization. HUD 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. HUD 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. HUD 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.

§ 24.1150   What is the effect of a suspension or debarment on a limited denial of participation?
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If you have submitted a request for a hearing pursuant to §24.1130 of this section, and you also receive, pursuant to subpart G or H of this part, a notice of proposed debarment or suspension that is based on the same transaction(s) or conduct as the limited denial of participation, as determined by the debarring or suspending official, the following rules shall apply:

(a) During the 30-day period after you receive a proposed debarment or suspension, during which you may elect to contest the debarment under §24.815, or the suspension pursuant to §24.720, all proceedings in the limited denial of participation, including discovery, are automatically stayed.

(b) If you do not contest the proposed debarment pursuant to §24.815, or the suspension pursuant to §24.720, the final imposition of the debarment or suspension shall also constitute a final decision with respect to the limited denial of participation to the extent that the debarment or suspension is based on the same transaction(s) or conduct as the limited denial of participation.

(c) If you contest the proposed debarment pursuant to §24.815, or the suspension pursuant to §24.720, then:

(1) Those parts of the limited denial of participation and the debarment or suspension based on the same transaction(s) or conduct, as determined by the debarring or suspending official, shall be immediately consolidated before the debarring or suspending official;

(2) Proceedings under the consolidated portions of the limited denial of participation shall be stayed before the hearing officer until the suspending or debarring official makes a determination as to whether the consolidated matters should be referred to a hearing officer. Such a determination must be made within 90 days of the date of the issuance of the suspension or proposed debarment, unless the suspending/debarring official extends the period for good cause.

(i) If the suspending or debarring official determines that there is a genuine dispute as to material facts regarding the consolidated matter, the entire consolidated matter will be referred to the hearing officer hearing the limited denial of participation, for additional proceedings pursuant to 24 CFR 24.750 or §24.845.

(ii) If the suspending or debarring official determines that there is no dispute as to material facts regarding the consolidated matter, jurisdiction of the hearing officer under 24 CFR part 24, subpart J, to hear those parts of the limited denial of participation based on the same transaction[s] or conduct as the debarment or suspension, as determined by the debarring or suspending official, will be transferred to the debarring or suspending official, and the hearing officer responsible for hearing the limited denial of participation shall transfer the administrative record to the debarring or suspending official.

(3) The suspending or debarring official shall hear the entire consolidated case under the procedures governing suspensions and debarments, and shall issue a final decision as to both the limited denial of participation and the suspension or debarment.

§ 24.1155   What is the effect of a limited denial of participation on a suspension or a debarment?
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The imposition of a limited denial of participation does not affect the right of the Department to suspend or debar any person under this part.

§ 24.1160   May a limited denial of participation be terminated before the term of the limited denial of participation expires?
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If the cause for the limited denial of participation is resolved before the expiration of the 12-month period, the official who imposed the sanction may terminate it.

§ 24.1165   How is a limited denial of participation reported?
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When a limited denial of participation has been made final, or the period for requesting a conference pursuant to §24.1130 has expired without receipt of such a request, the official imposing the limited denial of participation shall notify the Director of the Compliance Division in the Departmental Enforcement Center of the scope of the limited denial of participation.

Appendix to Part 24—Covered Transactions
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