Imputing Conduct (29 CFR 98.630)

Office of the Secretary of Labor

§ 98.700

§ 98.625 What is the scope of a suspension or debarment?
If you are suspended or debarred, the
suspension or debarment is effective as
follows:
(a) Your suspension or debarment
constitutes suspension or debarment of
all of your divisions and other organizational elements from all covered
transactions, unless the suspension or
debarment decision is limited—
(1) By its terms to one or more specifically identified individuals, divisions, or other organizational elements; or
(2) To specific types of transactions.
(b) Any affiliate of a participant may
be included in a suspension or debarment action if the suspending or debarring official—
(1) Officially names the affiliate in
the notice; and
(2) Gives the affiliate an opportunity
to contest the action.
§ 98.630 May the Department of Labor
impute conduct of one person to another?
For purposes of actions taken under
this rule, we may impute conduct as
follows:
(a) Conduct imputed from an individual
to an organization. We may impute the
fraudulent, criminal, or other improper
conduct of any officer, director, shareholder, partner, employee, or other individual associated with an organization, to that organization when the improper conduct occurred in connection
with the individual’s performance of
duties for or on behalf of that organization, or with the organization’s knowledge, approval or acquiescence. The organization’s acceptance of the benefits
derived from the conduct is evidence of
knowledge, approval or acquiescence.
(b) Conduct imputed from an organization to an individual, or between individuals. We may impute the fraudulent,
criminal, or other improper conduct of
any organization to an individual, or
from one individual to another individual, if the individual to whom the
improper conduct is imputed either
participated in, had knowledge of, or
reason to know of the improper conduct.
(c) Conduct imputed from one organization to another organization. We may

impute the fraudulent, criminal, or
other improper conduct of one organization to another organization when
the improper conduct occurred in connection with a partnership, joint venture, joint application, association or
similar arrangement, or when the organization to whom the improper conduct
is imputed has the power to direct,
manage, control or influence the activities of the organization responsible
for the improper conduct. Acceptance
of the benefits derived from the conduct is evidence of knowledge, approval
or acquiescence.
§ 98.635 May the Department of Labor
settle a debarment or suspension
action?
Yes, we may settle a debarment or
suspension action at any time if it is in
the best interest of the Federal Government.
§ 98.640 May a settlement include a
voluntary exclusion?
Yes, if we enter into a settlement
with you in which you agree to be excluded, it is called a voluntary exclusion and has governmentwide effect.
§ 98.645 Do other Federal agencies
know if the Department of Labor
agrees to a voluntary exclusion?
(a) Yes, we enter information regarding a voluntary exclusion into the
EPLS.
(b) Also, any agency or person may
contact us to find out the details of a
voluntary exclusion.

Subpart G—Suspension
§ 98.700 When may the suspending official issue a suspension?
Suspension is a serious action. Using
the procedures of this subpart and subpart F of this part, the suspending official may impose suspension only when
that official determines that—
(a) There exists an indictment for, or
other adequate evidence to suspect, an
offense listed under § 98.800(a), or
(b) There exists adequate evidence to
suspect any other cause for debarment
listed under § 98.800(b) through (d); and
(c) Immediate action is necessary to
protect the public interest.

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