§223.140. Scope of debarment.
36 C.F.R. § 223.140
Scope in general.
Debarment of a purchaser constitutes debarment of all divisions or other organizational elements of the purchaser, unless the debarment decision is limited by its terms to specific divisions, organizational elements, or classes of sales.
The debarring official may extend a debarment decision to include any affiliates of the purchaser, if they are—
Specifically named and
Given written notice of the proposed debarment and provided an opportunity to respond (see § 223.138(b)).
Imputing conduct. For purposes of determining the scope of debarment, conduct may be imputed as follows:
The fraudulent, criminal, or other seriously improper conduct of any officer, director, shareholder, partner, employee, or other individual associated with a purchaser may be imputed to a purchaser when the conduct occurred in connection with the individual's performance of duties for or on behalf of the purchaser, or with the purchaser's knowledge, approval, or acquiescence. The purchaser's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.
The fraudulent, criminal, or other seriously improper conduct of a purchaser may be imputed to any officer, director, shareholder, partner, employee, or other individual associated with the purchaser who participated in, knew of, or has reason to know of the purchaser's conduct.
The fraudulent, criminal, or other seriously improper conduct of one purchaser participating in a joint venture or similar arrangement may be imputed to other participating purchasers if the conduct occurred for or on behalf of the joint venture or similar arrangement or with the knowledge, approval, or acquiescence of those purchasers. Acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence.
Notes, amendments, and revision history
Source
Source: 52 FR 43329, Nov. 12, 1987, unless otherwise noted.
Authority
Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98 Stat. 2213, 16 U.S.C. 618, 104 Stat. 714-726, 16 U.S.C. 620-620j, 25 U.S.C. 3055 and 3057, 113 Stat. 1501a, 16 U.S.C. 528 note; unless otherwise noted. Link to an amendment published at 73 FR 79386, Dec. 29, 2008. This amendment was delayed until Mar. 30, 2009 at 74 FR 5107, Jan. 29, 2009. This amendment was further delayed until May 29, 2009 at 74 FR 14049, Mar. 30, 2009. This amendment was delayed indefinitely at 74 FR 26091, June 1, 2009.
Source
Source: 42 FR 28252, June 2, 1977, unless otherwise noted. Redesignated at 49 FR 2760, Jan. 23, 1984.