Sec.  54.521   Prohibition on participation: suspension and debarment.

   Link to an amendment published at  72 FR 54218 , Sept. 24, 2007.

   (a) Definitions —(1) Activities associated with or related to the schools
   and libraries support mechanism. Such matters include the receipt of funds
   or discounted services through the schools and libraries support mechanism,
   or consulting with, assisting, or advising applicants or service providers
   regarding the schools and libraries support mechanism described in this
   section ( Sec. 54.500 et seq. ).

   (2) Civil liability. The disposition of a civil action by any court of
   competent jurisdiction, whether entered by verdict, decision, settlement
   with admission of liability, stipulation, or otherwise creating a civil
   liability for the wrongful acts complained of, or a final determination of
   liability under the Program Fraud Civil Remedies Act of 1988 (31 U.S.C.
   3801–12).

   (3) Consultant. A person that for consideration advises or consults a person
   regarding  the schools and libraries support mechanism, but who is not
   employed by the person receiving the advice or consultation.

   (4) Conviction. A judgment or conviction of a criminal offense by any court
   of competent jurisdiction, whether entered by verdict or a plea, including a
   plea of nolo contendere. 

   (5) Debarment. Any action taken by the Commission in accordance with these
   regulations to exclude a person from activities associated with or relating
   to the schools and libraries support mechanism. A person so excluded is
   “debarred.”

   (6) Person. Any individual, group of individuals, corporation, partnership,
   association, unit of government or legal entity, however organized.

   (7) Suspension. An action taken by the Commission in accordance with these
   regulations that immediately excludes a person from activities associated
   with  or relating to the schools and libraries support mechanism for a
   temporary period, pending completion of the debarment proceedings. A person
   so excluded is “suspended.”

   (b) Suspension and debarment in general. The Commission shall suspend and
   debar a person for any of the causes in paragraph (c) of this section using
   procedures established in this section, absent extraordinary circumstances.

   (c) Causes for suspension and debarment. Causes for suspension and debarment
   are conviction of or civil judgment for attempt or commission of criminal
   fraud, theft, embezzlement, forgery, bribery, falsification or destruction
   of records, making false statements, receiving stolen property, making false
   claims, obstruction of justice and other fraud or criminal offense arising
   out of activities associated with or related to the schools and libraries
   support mechanism.

   (d)  Effect of suspension and debarment. Unless otherwise ordered, any
   persons suspended or debarred shall be excluded from activities associated
   with or related to the schools and libraries support mechanism. Suspension
   and debarment of a person other than an individual constitutes suspension
   and debarment of all divisions and/or other organizational elements from
   participation in the program for the suspension and debarment period, unless
   the notice of suspension and proposed debarment is limited by its terms to
   one  or  more specifically identified individuals, divisions, or other
   organizational elements or to specific types of transactions.

   (e) Procedures for suspension and debarment. The suspension and debarment
   process shall proceed as follows:

   (1) Upon evidence that there exists cause for suspension and debarment, the
   Commission shall provide prompt notice of suspension and proposed debarment
   to the person. Suspension shall be effective upon the earlier of receipt of
   notification or publication in theFederal Register.

   (2) The notice shall:

   (i) Give the reasons for the proposed debarment in terms sufficient to put
   the person on notice of the conduct or transaction(s) upon which it is based
   and the cause relied upon, namely, the entry of a criminal conviction or
   civil judgment arising out of activities associated with or related to the
   schools and libraries support mechanism;

   (ii) Explain the applicable debarment procedures;

   (iii) Describe the effect of debarment.

   (3) A person subject to proposed debarment, or who has an existing contract
   with the person subject to proposed debarment or intends to contract with
   such a person to provide or receive services in matters arising out of
   activities associated with or related to the schools and libraries support
   mechanism, may contest debarment or the scope of the proposed debarment. A
   person contesting debarment or the scope of proposed debarment must file
   arguments and any relevant documentation within thirty (30) calendar days of
   receipt  of notice or publication in theFederal Register, whichever is
   earlier.

   (4) A person subject to proposed debarment, or who has an existing contract
   with the person subject to proposed debarment or intends to contract with
   such a person to provide or receive services in matters arising out of
   activities associated with or related to the schools and libraries support
   mechanism, may also contest suspension or the scope of suspension, but such
   action will not ordinarily be granted. A person contesting suspension or the
   scope of suspension must file arguments and any relevant documentation
   within thirty (30) calendar days of receipt of notice or publication in
   theFederal Register, whichever is earlier.

   (5) Within ninety (90) days of receipt of any information submitted by the
   respondent, the Commission, in the absence of extraordinary circumstances,
   shall  provide  the respondent prompt notice of the decision to debar.
   Debarment  shall be effective upon the earlier of receipt of notice or
   publication in theFederal Register.

   (f) Reversal or limitation of suspension or debarment. The Commission may
   reverse  a  suspension  or  debarment, or limit the scope or period of
   suspension or debarment, upon a finding of extraordinary circumstances,
   after due consideration following the filing of a petition by an interested
   party or upon motion by the Commission. Reversal of the conviction or civil
   judgment upon which the suspension and debarment was based is an example of
   extraordinary circumstances.

   (g) Time period for debarment. A debarred person shall be prohibited from
   involvement with the schools and libraries support mechanism for three (3)
   years  from the date of debarment. The Commission may, if necessary to
   protect the public interest, set a longer period of debarment or extend the
   existing period of debarment. If multiple convictions or judgments have been
   rendered,  the Commission shall determine based on the facts before it
   whether debarments shall run concurrently or consecutively.

   [ 68 FR 36943 , June 20, 2003]