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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) Scope in general.
(1) 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.
(2) The debarring official may extend a debarment decision to include any affiliates of the purchaser, if they are—
(i) Specifically named and
(ii) Given written notice of the proposed debarment and provided an opportunity to respond (see § 223.138(b)).
(b) Imputing conduct. For purposes of determining the scope of debarment, conduct may be imputed as follows:
(1) 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.
(2) 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.
(3) 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.
Cite this article: FindLaw.com - Code of Federal Regulations Title 36. Parks, Forests, and Public Property § 36.223.140 Scope of debarment - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-36-parks-forests-and-public-property/cfr-sect-36-223-140/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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