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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 2 - Grants and Agreements |
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Subtitle B - Federal Agency Regulations for Grants and Agreements |
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Chapter IV - Department of Agriculture |
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Part 417 - Nonprocurement Debarment and Suspension |
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Subpart F - General Principles Relating to Suspension and Debarment Actions |
§ 417.605 - How does suspension differ from debarment?
Latest version.
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§ 417.605 How does suspension differ from debarment?
Suspension Differs From Debarment in That -
A suspending official . . . A debarring official . . . (a) Imposes suspension as a temporary status of ineligibility for procurement and nonprocurement transactions, pending completion of an investigation or legal proceedings Imposes debarment for a specified period as a final determination that a person is not presently responsible. (b) Must - (1) Have “adequate evidence” that there may be a cause for debarment of a person; and (2) Conclude that “immediate action” is necessary to protect the Federal interest Must conclude, based on a “preponderance of the evidence,” that the person has engaged in conduct that warrants debarment. (c) Usually imposes the suspension “first,” and then promptly notifies the suspended person, giving the person an opportunity to contest the suspension and have it lifted Imposes debarment “after” giving the respondent notice of the action and an opportunity to contest the proposed debarment.