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Electronic Code of Federal Regulations

e-CFR data is current as of February 20, 2020

Title 2Subtitle BChapter IVPart 417Subpart F → §417.605


Title 2: Grants and Agreements
PART 417—NONPROCUREMENT DEBARMENT AND SUSPENSION
Subpart F—General Principles Relating to Suspension and Debarment Actions


§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 proceedingsImposes 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 interestMust 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 liftedImposes debarment “after” giving the respondent notice of the action and an opportunity to contest the proposed debarment.

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