[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR17.305]



[Page 194-195]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 17_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND 

GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table 

of Contents

 

                           Subpart C_Debarment

 

Sec. 17.305  Causes for debarment.



    Debarment may be imposed in accordance with the provisions of 

Sec. Sec. 17.300 through 17.314 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, 

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 the 

present responsibility of a person.

    (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



[[Page 195]]



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, the effective date of these regulations, or a 

procurement debarment by any Federal agency taken pursuant to 48 CFR 

subpart 9.4;

    (2) Knowingly doing business with a debarred, suspended, ineligible, 

or voluntarily excluded person, in connection with a covered 

transaction, except as permitted in Sec. 17.215 or Sec. 17.220;

    (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; or

    (4) Violation of a material provision of a voluntary exclusion 

agreement entered into under Sec. 17.315 or of any settlement of a 

debarment or suspension action.

    (5) Violation of any requirement of subpart F of this part, relating 

to providing a drug-free workplace, as set forth in Sec. 17.615 of this 

part.

    (d) Any other cause of so serious or compelling a nature that it 

affects the present responsibility of a person.



[53 FR 19199, and 19204, May 26, 1988, as amended at 54 FR 4963, Jan. 

31, 1989]