[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 48CFR9.403]



[Page 161-162]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 9_CONTRACTOR QUALIFICATIONS--Table of Contents

 

          Subpart 9.4_Debarment, Suspension, and Ineligibility

 

Sec. 9.403  Definitions.



    As used in this subpart--

    Affiliates. Business concerns, organizations, or individuals are 

affiliates of each other if, directly or indirectly, (1) either one 

controls or has the power to control the other, or (2) a third party 

controls or has the power to control both. Indicia of control include, 

but are not limited to, interlocking management or ownership, identity 

of interests among family members, shared facilities and equipment, 

common use of employees, or a business entity organized following the 

debarment, suspension, or proposed debarment of a contractor which has 

the same or similar management, ownership, or principal employees as the 

contract or that was debarred, suspended, or proposed for debarment.

    Agency means any executive department, military department or 

defense agency, or other agency or independent establishment of the 

executive branch.

    Civil judgment means a judgment or finding of a civil offense by any 

court of competent jurisdiction.

    Contractor means any individual or other legal entity that--

    (1) Directly or indirectly (e.g., through an affiliate), submits 

offers for or is awarded, or reasonably may be expected to submit offers 

for or be awarded, a Government contract, including a contract for 

carriage under Government or commercial bills of lading, or a 

subcontract under a Government contract; or

    (2) Conducts business, or reasonably may be expected to conduct 

business, with the Government as an agent or representative of another 

contractor.

    Debarring official means (1) an agency head or (2) a designee 

authorized by the agency head to impose debarment.

    Indictment means indictment for a criminal offense. An information 

or other filing by competent authority charging a criminal offense is 

given the same effect as an indictment.

    Legal proceedings means any civil judicial proceeding to which the 

Government is a party or any criminal proceeding. The term includes 

appeals from such proceedings.

    Nonprocurement Common Rule means the procedures used by Federal 

Executive Agencies to suspend, debar, or exclude individuals or entities 

from participation in nonprocurement transactions under Executive Order 

12549. Examples of nonprocurement transactions are grants, cooperative 

agreements, scholarships, fellowships, contracts of assistance, loans, 

loan guarantees, subsidies, insurance, payments for specified use, and 

donation agreements.

    Suspending official means (1) an agency head or (2) a designee 

authorized by the agency head to impose suspension.

    Unfair trade practices means the commission of any of the following 

acts by a contractor:

    (1) A violation of section 337 of the Tariff Act of 1930 (19 U.S.C. 

1337) as determined by the International Trade Commission.

    (2) A violation, as determined by the Secretary of Commerce, of any 

agreement of the group known as the ``Coordination Committee'' for 

purposes of the Export Administration Act of 1979 (50 U.S.C. App. 2401, 

et seq.) or any similar bilateral or multilateral export control 

agreement.

    (3) A knowingly false statement regarding a material element of a 

certification concerning the foreign content of an item of supply, as 

determined by the Secretary of the Department or the



[[Page 162]]



head of the agency to which such certificate was furnished.



[48 FR 42142, Sept. 19, 1983, as amended at 54 FR 19814, May 8, 1989; 56 

FR 15149, Apr. 15, 1991; 59 FR 11372, Mar. 10, 1994; 60 FR 33065, June 

26, 1995; 66 FR 2128, Jan. 10, 2001]