North American Wetlands Conservation Act and Neotropical Migratory Brid Conservation Act January 2006

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U.S. GRANT ADMINISTRATION STANDARDS - JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act I -6 What are the grounds for debarment and suspension of a Recipient from Federal financial and non - financial assistance and benefits? Debarment and suspension may be imposed, through appropriate regulatory methods, as a consequence of any of the following circumstances: (a) Conviction of or civil judgment for: (1) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; (2) violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; (3) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, or obstruction of justice; or (4) commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a person. (b) Violation of the terms of a public agreement or transaction so serious as to affect the integrity of an agency program, such as (1) a willful failure to perform in accordance with the terms of one or more public agreements or transactions; (2) a history of failure to perform or of unsatisfactory performance of one or more public agreements or transactions; (3) a willful violation of a statutory or regulatory provision or requirement applicable to a public agreement or transaction. (c) Any of the following causes: (1) a nonprocurement debarment by any Federal agency taken before October 1, 1988, or a procurement debarment by any Federal agency taken pursuant to 48 CFR subpart 9.4; (2) knowingly doing business with a debarred, suspended, ineligible, or voluntarily excluded person, in connection with a covered transaction, except as permitted in 43 CFR 12.215 or 43 CFR 12.220; (3) failure to pay a single substantial debt, or a number of outstanding debts (including disallowed costs and overpayments, but not including sums owed the Federal Government under the Internal Revenue Code) owed to any Federal agency or instrumentality, provided the debt is uncontested by the debtor, or if contested, provided that the debtor's legal and administrative remedies have been exhausted; 22