RECOVERY OVERSIGHT OFFICE OFFICE OF INSPECTOR GENERAL U.S.
DEPARTMENT OF THE INTERIOR Slide 2 RECOVERY OVERSIGHT OFFICE
Government contracts and discretionary assistance are awarded only
to presently responsible parties. Slide 3 RECOVERY OVERSIGHT OFFICE
Suspension agency official temporarily excludes a contractor from
government contracting and government-approved subcontracting, or
temporarily excludes a person from participating in covered
transactions Debarment agency official excludes a contractor from
government contracting and government- approved subcontracting for
a specific time, or excludes a person from participating in covered
transactions for a specific time Slide 4 RECOVERY OVERSIGHT OFFICE
Administrative remedy decision about significant business risk of a
person or organization as a potential contractor or participant By
inherent authority necessarily incidental to effective
administration of a statutory scheme Gonzalez v. Freeman, 334 F.2d
570 (D.C. Cir. 1964) By express authority derived from a statute or
an executive order Slide 5 RECOVERY OVERSIGHT OFFICE The remedy is
consistent with and supports a basic objective of the Recovery Act
which is prevention, as well as detection, of poor performance,
fraud, waste, and abuse Slide 6 RECOVERY OVERSIGHT OFFICE as
punishment; to coerce acceptance of civil or criminal settlements;
or to embarrass, harass or get even Slide 7 RECOVERY OVERSIGHT
OFFICE Slide 8 Three key rule differences: FAR Notice of Proposed
Debarment (NPD) has immediate effect but nonprocurement NPD does
not Award ineligibility under FAR limited to prime contract and
approved subcontracts Lower tiers reached under nonprocurement rule
Slide 9 RECOVERY OVERSIGHT OFFICE Reciprocal effect of action under
rules P.L. 103-355, Section 2455 and E.O. 12689 Prospective effect
new awards only Awarding officials must separately decide proper
action on existing awards Slide 10 RECOVERY OVERSIGHT OFFICE For
contractors (individuals or companies) proposed for debarment,
suspended, or debarred - excluded from receiving new contracts and
federally approved subcontracts For participants (individuals or
organizations) no new awards Slide 11 RECOVERY OVERSIGHT OFFICE
Ineligible persons cannot be agents, representatives, or
principals, including key employees for award performance purposes
Names entered into the web-based Excluded Parties List System:
http://www.epls.gov Awarding officials must check before making new
awards Slide 12 RECOVERY OVERSIGHT OFFICE Slide 13 Offense-based
causes from a conviction or civil judgment for: Commission of fraud
or criminal offense in connection with obtaining, attempting to
obtain, or performing a public contract, subcontract, or
nonprocurement award Violation of Federal or State antitrust
statues relating to offer submissions Slide 14 RECOVERY OVERSIGHT
OFFICE Embezzlement, theft, forgery, bribery, records falsification
and destruction, false statements, Federal criminal tax violation
and tax evasion Stolen property Intentional violation of Made in
America laws Slide 15 RECOVERY OVERSIGHT OFFICE Any other offense
indicating a lack of business integrity or honesty that seriously
and directly affectspresent responsibility Conviction or civil
judgment is cause for debarment (including deferred prosecution)
Slide 16 RECOVERY OVERSIGHT OFFICE Fact-based causes: Serious
violation of terms of government award such as willful failure to
perform, or history of failure to perform on one or more award,
Drug Free workplace laws, Buy America, and certain tax
delinquencies Slide 17 RECOVERY OVERSIGHT OFFICE DHS Secretary or
AG finding of Immigration and Nationality Act (INA) employment
provisions noncompliance (not reviewable in debarment proceedings)
Any other cause of so compelling and serious nature that it affects
present responsibility Slide 18 RECOVERY OVERSIGHT OFFICE
Fact-based cause (other than INA): by preponderance of evidence
Government has burden of proof SDO must conduct fact-finding on
facts material to action and genuinely in dispute Slide 19 RECOVERY
OVERSIGHT OFFICE Notice; Opportunity to be heard; Cross-examine
witnesses present in fact-finding; and Written decision based on an
administrative record Slide 20 RECOVERY OVERSIGHT OFFICE Standards
of conduct Voluntary disclosure Internal investigation Full
cooperation Paid costs/ restitution Disciplined employee Agreed to
implement remedial actions Ethics training Adequate time to
eliminate causes Management recognition of problem Slide 21
RECOVERY OVERSIGHT OFFICE Action to protect integrity of contracts
and assistance award process at earliest stage prior to completion
of record on whether misconduct exists Slide 22 RECOVERY OVERSIGHT
OFFICE Two Components: Adequate evidence (probable cause) that upon
investigation/legal proceedings cause for debarment will exist Met
by either criminal charging document or facts Necessity for
immediate action to protect program award integrity interests
pending completion of legal proceedings Slide 23 RECOVERY OVERSIGHT
OFFICE AIU gathers information on possible S&D candidates DOI
assistance programs can also be a source of information Reliable
record-keeping of key documents critical Slide 24 RECOVERY
OVERSIGHT OFFICE AIU coordinates lead agency through the
Interagency Suspension and Debarment Committee AIU prepares Action
Referral Memo (ARM) and attachments and refers to SDO for notice
issuance action AIU tracks action - may provide further support, as
appropriate Slide 25 RECOVERY OVERSIGHT OFFICE Offense-based
actions: Final indictment, information, or other charging document
Plea agreement, and, if separate, supporting factual resume
Conviction order Fact-based actions: If contract or grant involved,
copies of basic documents and evidence Slide 26 RECOVERY OVERSIGHT
OFFICE Special thanks to the Environmental Protection Agency
(EPA)
