[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: 44CFR17.325]



[Page 196-197]

 

              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. 17.325  Scope of debarment.



    (a) Scope in general. (1) Debarment of a person under these 

regulations constitutes debarment of all its divisions and other 

organizational elements from all covered transactions, unless the 

debarment decision is limited by its terms to one or more specifically 

identified individuals, divisions or other organizational elements or to 

specific types of transactions.

    (2) The debarment action may include any affiliate of the 

participant that is specifically named and given notice of the proposed 

debarment and an opportunity to respond (see Sec. Sec. 17.311 through 

17.314).



[[Page 197]]



    (b) Imputing conduct. For purposes of determining the scope of 

debarment, conduct may be imputed as follows:

    (1) Conduct imputed to participant. The fraudulent, criminal or 

other seriously improper conduct of any officer, director, shareholder, 

partner, employee, or other individual associated with a participant may 

be imputed to the participant when the conduct occurred in connection 

with the individual's performance of duties for or on behalf of the 

participant, or with the participant's knowledge, approval, or 

acquiescence. The participant's acceptance of the benefits derived from 

the conduct shall be evidence of such knowledge, approval, or 

acquiescence.

    (2) Conduct imputed to individuals associated with participant. The 

fraudulent, criminal, or other seriously improper conduct of a 

participant may be imputed to any officer, director, shareholder, 

partner, employee, or other individual associated with the participant 

who participated in, knew of, or had reason to know of the participant's 

conduct.

    (3) Conduct of one participant imputed to other participants in a 

joint venture. The fraudulent, criminal, or other seriously improper 

conduct of one participant in a joint venture, grant pursuant to a joint 

application, or similar arrangement may be imputed to other participants 

if the conduct occurred for or on behalf of the joint venture, grant 

pursuant to a joint application, or similar arrangement may be imputed 

to other participants if the conduct occurred for or on behalf of the 

joint venture, grant pursuant to a joint application, or similar 

arrangement or with the knowledge, approval, or acquiescence of these 

participants. Acceptance of the benefits derived from the conduct shall 

be evidence of such knowledge, approval, or acquiescence.