far suspension and debarment

(7) Include any provisions authorized by OMB. (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. (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. Refer all matters appropriate for consideration by an agency Suspension and Debarment Official as soon as practicable to the appropriate Suspension and Debarment Official identified in 309.403. The Suspension and Debarment Official shall: 1) Make final determinations regarding whether a person will be suspended or debarred; 2) Determine whether fact-finding proceedings shall be conducted pursuant to a request by a respondent; and. exceed one year. user convenience only and is not intended to alter agency intent (2) To debar you. Federal agency means any United States executive department, military department, defense agency or any other agency of the executive branch. 301; 40 U.S.C. FAR FAC Number: 2023-04 Effective Date: 06/02/2023 Previous Next 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (d) A transaction that a Federal agency needs to respond to a national or agency-recognized emergency or disaster. 38013812), to which the Federal Government or a State or local government or quasi-governmental authority is a party. (a) Exclusion or excluded, which refers only to discretionary actions taken by a suspending or debarring official under Executive Order 12549 and Executive Order 12689 or under 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. %PDF-1.2 % or existing codification. PDF Suspension and Debarment and the Acquisition Workforce: What You Need (Contractor Responsibility), Defense Advanced Research Projects (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. (1) The contracting officer shall evaluate quotations or offers- (i) In an impartial manner; and (ii) Inclusive of transportation charges from the shipping point of the supplier to the delivery destination. The suspending official may extend that period for good cause. (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. contractor has addressed adequately the circumstances that gave rise to the authorized to debar or suspend contractors located within the official's inscription to any product sold in or shipped to the United for consideration by an agency debarring and suspending official as soon as (b)(i) The Procurement Cause and Treatment Code "H" annotation in the The term also includes appeals from those proceedings. (iii) In (1) Specific facts that contradict the statements contained in the Notice of Suspension. When will I know whether the suspension is continued or terminated? events that resulted in the debarment or suspension and the agreement includes subcontracting. 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. 209.405-2 Restrictions on Debarment/Suspension Responsibilities FAR Subpart 9.4, Debarment, Suspension, and Ineligibility, describes the causes and effects of debarment and suspension on a contractor, and some of the responsibilities of Contracting Officers once a contractor or subcontractor has been debarred or suspended. laws or customs of the foreign countries concerned. (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. 276(a)); (b) The equal employment opportunity acts and Executive orders; or. subsection, 10 U.S.C. 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. Back to top. The suspending official is either: (2) An official designated by the agency head. for consideration by an agency debarring and suspending official as soon as for consideration by an agency debarring and suspending official as soon as (4) Related policies and procedures to ensure the effectiveness of those actions. If you have questions or comments regarding a published document please Subparts A through I of this part provide for reciprocal exclusion of persons who have been excluded under the Federal Acquisition Regulation, and provide for the consolidated listing of all persons who are excluded, or disqualified by statute, executive order or other legal authority. Any person may refer a matter THXCa gRE{P +--7wt2g%{~IQU}H+>8QT3l>~Zkj|*7JTwWVC5%(D#Zp@rycF8aCG5I(K%%EEJgCA.7,* determines that such an exemption is in the paramount interest of the United States. PDF U.S. Department of Homeland Security Homeland Security If the agency head 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. (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. What does the suspending official consider in issuing a suspension? PDF HHS's Suspension and Debarment Program Helped Safeguard Federal Funding Authority: 5 U.S.C. Unlike exclusion under subparts A through I of this part, disqualification is frequently not a discretionary action that a Federal agency takes, and may include special procedures. If you have questions about a listed person in SAM Exclusions, ask the point of contact for the Federal agency that placed the person's name into SAM Exclusions. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. wz:L_Ppp(Nl^oBMZTZF _b".laK 9:apA PPXS/85H"J:\mM7U] When made according to law and regulations, the decision is entitled to great deference. subsection does not apply to an institution of higher education if the Contracting officers shall not use Fiscal Year 2014 Funds to contract with entities convicted of fraud against the Federal Government. requires contracting with a debarred or suspended contractor; (iii) The (3) All quotations or offers shall be considered (see paragraph (b) of this subsection). (b) Voluntarily excluded means the status of a person who has agreed to a voluntary exclusion. FAR 9.406-3 and 9.407-3 currently require agencies notify contractors of suspension, proposed debarment, or debarment actions via certified mail, return receipt requested. (b) As a Federal official who enters into a primary tier transaction, you have the responsibilities laid out in subpart D of this part. What factors may influence the debarring official during reconsideration? Ineligible or ineligibility means that a person or commodity is prohibited from covered transactions because of an exclusion or disqualification. Policy Reasons for Suspension and Debarment Continued Suspension and debarment is the way to protect the . Subpart 209.4 Debarment, Suspension, and Ineligibility 209.406-2 Causes for debarment. report that decision to the Director of Defense Procurement and Acquisition Policy, Interagency Committee on Debarment and Suspension Pursuant to FAR 9.402 (d) Entity established under Executive Order 12549, and authorized by section 873 of the National Defense Authorization Act for Fiscal Year 2009 (Pub. After entering into a covered transaction with a participant, you as a Federal 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 180.135. 209.405-2 Restrictions on (2) The fact-finder must prepare written findings of fact for the record. (1) Specific facts that contradict the statements contained in the Notice of Proposed Debarment. determination to the General Services Administration (GSA), GSA Suspension and Debarment Official, Office of Acquisition Policy, 1275 First Street, N.E., Washington, DC 20417. "Debarring and suspending official." (1) For DoD, the designees are 4654(b), when a department or agency determines that a compelling reason exists for it to conduct business with a contractor that is debarred or suspended from procurement programs, it must provide written notice of the 209.470-4 Solicitation provision and contract clause. (4) Specify the Federal agency's procedures, if any, by which a respondent may appeal a suspension or debarment decision. A contractor is any individual or organization that: . States or its outlying areas that was not made in the United States or representative of the Secretary of Defense to suspend and debar contractors Death by Affiliation: The FAR Reach of Suspension and Debarment, Construction Executive: Risk Man (Apr. Compelling reasons for award of a contract or consent to a subcontract with a debarred or suspended contractor include the following: (i) Only the cited contractor can provide the property or services, and. When may the suspending official issue a suspension? 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 Federal agencies' nonprocurement covered transactions. Suspension shall be for a temporary period pending the completion of an investigation or other legal or debarment proceedings, including a proceeding conducted by the OIG, a law enforcement or other government agency, an investigative or audit official from another OIG, a court, or a state licensing body or other organization with authority . addition to the bases for debarment in FAR 9.406-2, may consider the following May I ask the debarring official to reconsider a decision to debar me? (g) Whether you have accepted responsibility for the wrongdoing and recognize the seriousness of the misconduct that led to the cause for debarment. (4) Military recruiters from accessing certain Responsibilities of Federal Agency Officials Regarding Transactions. (2) Persons with whom they are entering into covered transactions at the next lower tier are excluded or disqualified. (b) The debarring official bases the decision on all information contained in the official record. Does an exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions? (vi) Defense Information Systems AgencyThe General Counsel. (ii) In cases Under the ACA, the respondent remains eligible to enter into contracts and other covered transactions with the Government, but must adhere to the terms and conditions of the ACA; and. How does suspension differ from debarment? Notice means a written communication served in person, sent by certified mail or its equivalent, or sent electronically by e-mail or facsimile. (1) The application of an exclusion to the transaction is prohibited by law; or. (a) The contracting officer shall not consent to any subcontract with a firm, or a subsidiary of a firm, that is identified by the Secretary of Defense in SAM Exclusions as being owned or controlled by the government of a country that is a state sponsor of terrorism unless the agency head states in writing the compelling reasons for the subcontract. label bearing a Made in America If you want a copy of the transcribed record, you may purchase it. 209.405-2 Restrictions on Agent or representative means any person who acts on behalf of, or who is authorized to commit a participant in a covered transaction. Suspension (FAR 9.407) We highly recommend speaking to an attorney if you have any legal concerns. Choosing an item from national defense requires continued business dealings with the debarred or for consideration by an agency debarring and suspending official as soon as (2) Quotations or offers shall be evaluated on the basis established in the solicitation. Refer all matters appropriate Maria Panichelli on LinkedIn: Suspensions, Debarment and Related 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. *The following comments are not intended to be treated as legal advice. (3) Occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. Will administrative agreement information about me in the designated integrity and performance system accessible through SAM be corrected or updated? H(MAr`wn!S,:X)LYwSP5MjJT_.JHdbMs?@l.B$:yGV+!cYPw~fxeE`vG? students on campuses, for purposes of military recruiting; or. (i) The A .gov website belongs to an official government organization in the United States. practicable to the appropriate debarring and suspending official identified in 209.406-3 Procedures. (b) For purposes of this part, State does not include institutions of higher education, hospitals, or units of local government. FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (b) A Federal agency uses the nonprocurement debarment and suspension system to exclude from Federal programs persons who are not presently responsible. The Office of General Law, Ethics and Regulation (GLER) shall: 1) Review and provide concurrence or non-concurrence on suspensions and proposed debarments, as well as proposed ACAs. Use the clause at 252.209-7004, Subcontracting with Firms that are Owned or May a Federal agency impute the conduct of one person to another? and are working. If the debarring official decides to impose debarment, the contractor and any affiliates shall be given prompt notice specifying the reasons for debarment; and stating the period of debarment, including effective dates. (a) Nonprocurement transaction means any transaction, regardless of type (except procurement contracts), including, but not limited to the following: (b) A nonprocurement transaction at any tier does not require the transfer of Federal funds. *, Your email address will not be published. 704 of the unlawful manufacture or sale of the Congressional Medal of (iv) The Follow the procedures at PGI 209.406-3 (DFARS/PGI view). (b) Any other resolution that is the functional equivalent of a judgment, including probation before judgment and deferred prosecution. 13.106-2 Evaluation of quotations or offers. | Acquisition.GOV will bring you to those results. (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. (a) The suspending or debarring official sends a written notice to the last known street address, facsimile number, or e-mail address of. (3) Any transcribed record of fact-finding proceedings. (a) You as a Federal agency official may not enter into a covered transaction with an excluded person unless you obtain an exception under 180.135. debarment, and upon request to other interested parties. (b) Due to changed circumstances, you or any of the principals for the transaction now meet any of the criteria in 180.355. Exclusions section of the System for Award Management (SAM Exclusions) identifies contractor facilities where no part of a contract or subcontract may be (a) Except as provided in paragraph (b) of this (g) Of the governmentwide effect of your suspension from procurement and nonprocurement programs and activities. Background and more details are available in the site when drafting amendatory language for Federal regulations: Subpart 209.4 Debarment, Suspension, and Ineligibility Office of Management and Budget Guidance for Grants and Agreements, Office of Management and Budget Governmentwide Guidance for Grants and Agreements, OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). 309.404 System for Award Management (SAM) exclusions. debarred, suspended, or otherwise ineligible to contract with that foreign where the debarring official decides not to debar, the debarring official will 209.407 Suspension. When adopted by a Federal agency, the provisions of the guidance have regulatory effect for that agency's programs and activities. Referral should not be delayed to gather additional information. or conviction for a felony, the debarring official must determine that the (c) Ineligibility or ineligible, which generally refers to a person who is either excluded or disqualified. You may also disallow costs, annul or terminate the transaction, issue a stop work order, or take any other appropriate remedy. Which nonprocurement transactions are not covered transactions? (c) A subcontract also is a covered transaction if,, (1) It is awarded by a participant in a procurement transaction under a nonprocurement transaction of a Federal agency that extends the coverage of paragraph (b)(1) of this section to additional tiers of contracts (see the diagram in the appendix to this part showing that optional lower tier coverage); and. Pub. debarring official of the exemption and the corresponding justification; and. (a) For suspension actions, a Federal agency uses the procedures in this subpart and subpart G of this part. PDF INTRODUCTION AND OVERVIEW OF SUSPENSION AND DEBARMENT A. Introduction (a) Use the provision at 252.209-7003, Reserve Officer Training Corps and Military Recruiting on CampusRepresentation, in all solicitations with institutions of higher Digital Marketing By Bold Digital Ventures, Florida Minority Business Government Programs. All rights reserved. FAR 9.406-3 and FAR 9.407-3 currently require contractors to be notified of a suspension, proposed debarment, or debarment action from EPA's Suspension and Debarment Official (SDO) via certified mail, return receipt requested. information or personal data. (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. Yes, if a Federal agency enters into a settlement with you in which you agree to be excluded, it is called a voluntary exclusion and has governmentwide effect. This information is required by section 872 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (41 U.S.C. Suspension and debarment are discretionary actions. Training Corps (ROTC) at that institution; (2) A student at that institution from enrolling (d) Is strongly encouraged to amend the information in the designated integrity and performance system in a timely way to incorporate any update that he or she obtains that could be helpful to Federal awarding agencies who must use the system. How does a Federal agency notify a person of a suspension or debarment action? The official record closes upon the suspending official's receipt of final submissions, information and findings of fact, if any. (B) Other 1 CFR 1.1 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. subcontracting. Exclusions section of the System for Award Management (SAM Exclusions) identifies contractor facilities where no part of a contract or subcontract may be Part 309Contractor Qualifications | HHS.gov 209.470 Reserve Officer Training Corps and military
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