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Below is a cache of http://www.mdhs.state.ms.us/pdfs/dpimanual/14debarment2005.pdf. It's a snapshot of the page taken as our search engine crawled the Web.
The web site itself may have changed. You can check the current page or check for previous versions at the Internet Archive. Yahoo! is not affiliated with the authors of this page or responsible for its content. MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 1 DEBARMENT AND SUSPENSION Policy MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 1 DEBARMENT AND SUSPENSION Policy In order to protect the public trust imposed upon the Mississippi Department of Human Services (MDHS) and its involvement with subgrantees, it is the policy of the agency to conduct
business only with responsible persons/subgrantees. However, when it appears that a subgrantee's
conduct, as determined by the agency, creates a reasonable belief that a particular act or omission
has occurred, MDHS shall implement discretionary actions known as debarment and suspension,
possibly leading to termination. A subgrantee who is debarred or suspended shall be excluded from
agency financial and nonfinancial assistance and benefits. These are serious actions which shall be
used only in the public interest and for the agency and State of Mississippi's protection and not for
purposes of punishment. Coverage This policy shall apply to all persons/subgrantees who are currently participating in transactions under state nonprocurement programs. For purposes of these regulations, transactions
will be referred to as covered transactions which may be subdivided into (1) primary covered
transactions, i.e., any nonprocurement transaction between MDHS and the subgrantee, regardless
of type, or (2) lower tier covered transactions, i.e., transactions between subgrantee and another
(other than a procurement contract for goods or services), regardless of type, under a primary covered
transaction. Effect of Action Except to the extent prohibited by law, subgrantees who are debarred or suspended shall be excluded from primary covered transactions and lower tier covered transactions for the period of
their debarment or suspension. DEBARMENT The MDHS Executive Director, or its designee, after consultation with the appropriate Division Director, may debar a subgrantee for any of the causes noted below. However, the
existence of a cause for debarment does not necessarily require that the subgrantee's acts or
omissions and any mitigating factors shall be considered in making a debarment decision.
Debarment means, for purposes of this agency, an action taken by the agency in accordance with
these regulations to exclude a subgrantee from participating in a covered transaction. Causes for Debarment Debarment may be imposed for: (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; MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 2 DEBARMENT AND SUSPENSION
(2) Violation of Federal or State antitrust statutes, including these 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/subgrantee. (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; or (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,
the effective date of these regulations, or a procurement debarment by any Federal
agency taken pursuant to 45 CFR Part 76; and (2) Knowingly doing business with a debarred, suspended, ineligible, or voluntarily excluded person, in connection with a covered transaction, except as permitted by
the agency. Procedures MDHS shall process debarment actions as informally as practicable, consistent with the principles of fundamental fairness. Information concerning the existence of a cause for debarment from any source shall be promptly reported, investigated, and referred, when appropriate, to the debarring official for
consideration. After consideration, the debarring official, MDHS Executive Director or its designee,
may issue a notice of proposed debarment. MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 3 DEBARMENT AND SUSPENSION Notice of Proposed Debarment A debarment proceeding shall be initiated by notice to the respondent advising: (a) That debarment is being considered; (b) Of the reasons for the proposed debarment in terms sufficient to put the respondent
on notice of the conduct or transaction(s) upon which it is based; (c) For the reasons covered in Causes for Debarment above; (d) Of the provisions regarding investigations, notice of proposed debarment, an opportunity to contest proposed debarment and a final decision; and (e) Of the potential effect of a debarment. Opportunity to Contest Proposed Debarment (a) Submission in Opposition Within 30 days after receipt of the notice of proposed debarment, the respondent may
submit to the MDHS Executive Director, in person, in writing, or through a
representative, information and argument in opposition to the proposed debarment. (b) Additional Proceedings As to Disputed Material Facts (1) In actions not based upon a conviction or civil judgment, if the debarring official finds that the respondent's submission in opposition raises a genuine dispute over
facts material to the proposed debarment, respondent(s) shall be afforded an
opportunity to appear with a representative, submit documentary evidence, present
witnesses, and confront any witness the agency presents. (2) A transcribed record of any additional proceedings shall be made available at cost to the respondent, upon request, unless the respondent and the agency, by mutual
agreement, waive the requirement for a transcript. Debarring Official's Decision (a) No Additional Proceedings Necessary In actions based upon a conviction or civil judgment, or in which there is no genuine
dispute over material facts, the debarring official shall make a decision on the basis of
all the information in the administrative record, including any submission made by the
respondent. The decision shall be made within 45 days after receipt of any information
and argument submitted by the respondent, unless the debarring official extends this
period for good cause. MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 4 DEBARMENT AND SUSPENSION (b) Additional Proceedings Necessary (1) In actions in which additional proceedings are necessary to determine disputed material facts, written findings of fact shall be prepared. The debarring official
shall base the decision on the facts as found, together with any information and
argument submitted by the respondent and any other information in the
administrative record. (2) The debarring official may refer disputed material facts to another official for findings of fact. The debarring official may reject any such findings, in whole or
in part, only after specifically determining them to be arbitrary and capricious or
clearly erroneous. (3) The debarring official's decision shall be made after the conclusion of the proceedings with respect to disputed facts. (c) Standard of Proof (1) In any debarment action, the cause for debarment must be established by a preponderance of the evidence. Where the proposed debarment is based upon a
conviction or civil judgment, the standard shall be deemed to have been met. (2) The burden of proof is on the agency proposing debarment. (d) Notice of Debarring Official's Decision (1) If the debarring official decides to impose debarment, the respondent shall be given prompt notice: (i) Referring to the notice of proposed debarment; (ii) Specifying the reasons for debarment; (iii) Stating the period of debarment, including effective dates; and (iv) Advising that the debarment is effective for covered transactions throughout the agency. (2) If the debarring official decides not to impose debarment, the respondent shall be given prompt notice of that decision. A decision not to impose debarment shall
be without prejudice to a subsequent imposition of debarment by any other
agency. Settlement and Voluntary Exclusion When in the best interest of the agency, MDHS may, at any time, settle a suspension action. MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 5 DEBARMENT AND SUSPENSION Period of Debarment (a) Debarment shall be for a period commensurate with the seriousness of the cause(s). If a suspension precedes a debarment, the suspension period shall be considered in
determining the debarment period. (b) The debarring official may extend an existing debarment for an additional period, if that official determines that an extension is necessary to protect the public interest. SUSPENSION Suspension is a serious action to be imposed only when there exists adequate evidence, as set out below, and immediate action is necessary to protect the public interest. For purposes of this
agency, suspension is an action taken by the agency in accordance with the following regulations that
immediately excludes a subgrantee from participating in covered transactions for a temporary period,
pending investigation and such legal action, debarment, or other proceedings as may ensue. Causes for Suspension Suspension may be imposed upon adequate evidence to suspect the commission of a debarment offense as listed in Causes for Debarment section above. Indictment shall constitute
adequate evidence for purposes of suspension actions. Procedures Investigation and referral. Information concerning the existence of a cause for suspension from any source shall be promptly reported, investigated, and referred, when appropriate, to the suspending official for
consideration. After consideration, the suspending official may issue a notice of suspension. Notice of Suspension
When a respondent is suspended, notice shall be immediately given: (a) That suspension has been imposed; (b) That the suspension is based on an indictment, conviction, or other adequate evidence
that the respondent has committed irregularities seriously reflecting on the propriety
of further State Government dealings with the respondent; (c) Describing any such irregularities in terms sufficient to put the respondent on notice
without disclosing the State Government's evidence; (d) Of the cause(s) relied upon above for imposing suspension; MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 6 DEBARMENT AND SUSPENSION (e) That the suspension is for a temporary period pending the completion of an
investigation or ensuing legal action, debarment, or other proceedings; (f) Of the notice of suspension, the opportunity to contest suspension, and the suspending
official's decision; and, (g) Of the effect of the suspension. Opportunity to Contest Suspension (a) Submission in Opposition Within 30 days after receipt of the notice of suspension, the respondent may submit to the MDHS Executive Director, in person, in writing, or through a representative,
information and argument in opposition to the suspension. (b) Additional Proceedings as to Disputed Material Facts (1) If the suspending official finds that the respondent's submission in opposition raises a genuine dispute over facts material to the suspension, respondent(s) shall
be afforded an opportunity to appear with a representative, submit documentary
evidence, present witnesses and confront any witness the agency presents, unless the action is based on an indictment, conviction or civil judgment as described
in the Causes for Debarment section above. (2) A transcribed record of any additional proceedings shall be prepared and available at cost to the respondent, upon request, unless the respondent and the
agency, by mutual agreement, waive the requirement of a transcript. Suspending Official's Decision The suspending official may modify or terminate the suspension or may leave it in force. A decision to modify or terminate the suspension shall be without prejudice, to the subsequent
imposition of debarment. The decision shall be rendered in accordance with the following
provisions: (a) No Additional Proceedings Necessary In actions based on an indictment, conviction, or civil judgment in which additional
proceedings to determine disputed material facts; or in which additional proceedings to
determine disputed material facts have been denied on the basis of law enforcement
advice, the suspending official shall make a decision on the basis of all information in
the administrative record, including any submission made by the respondent. The
decision shall be made within 45 days after receipt of any information and argument
submitted by the respondent, unless the suspending official extends this period for good
cause. MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 7 DEBARMENT AND SUSPENSION (b) Additional Proceedings Necessary In actions in which additional proceedings are necessary to determine disputed material
facts, written findings of fact shall be prepared. The suspending official shall base the
decision on the facts as found, together with any information and argument submitted
by the respondent and any other information in the administrative record. The
suspending official may refer matters involving disputed material facts to another
official for findings of fact. The suspending official may reject any such findings, in
whole or in part, only after specifically determining them to be arbitrary or capricious,
or clearly erroneous. (c) Notice of Suspending Official's Decision Prompt written notice of the suspending official's decision shall be sent to the
respondent. Period of Suspension Suspension shall be for a temporary period pending the completion of an investigation or ensuing legal action, debarment, or other proceedings, unless terminated sooner by the suspending
official. If legal or administrative proceedings are not initiated within 12 months after the date of suspension notice, the suspension shall be terminated, unless the Executive Director receives a
request from the applicable MDHS funding Division Director and determines that this time should
be extended.
The web site itself may have changed. You can check the current page or check for previous versions at the Internet Archive. Yahoo! is not affiliated with the authors of this page or responsible for its content. MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 1 DEBARMENT AND SUSPENSION Policy MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 1 DEBARMENT AND SUSPENSION Policy In order to protect the public trust imposed upon the Mississippi Department of Human Services (MDHS) and its involvement with subgrantees, it is the policy of the agency to conduct
business only with responsible persons/subgrantees. However, when it appears that a subgrantee's
conduct, as determined by the agency, creates a reasonable belief that a particular act or omission
has occurred, MDHS shall implement discretionary actions known as debarment and suspension,
possibly leading to termination. A subgrantee who is debarred or suspended shall be excluded from
agency financial and nonfinancial assistance and benefits. These are serious actions which shall be
used only in the public interest and for the agency and State of Mississippi's protection and not for
purposes of punishment. Coverage This policy shall apply to all persons/subgrantees who are currently participating in transactions under state nonprocurement programs. For purposes of these regulations, transactions
will be referred to as covered transactions which may be subdivided into (1) primary covered
transactions, i.e., any nonprocurement transaction between MDHS and the subgrantee, regardless
of type, or (2) lower tier covered transactions, i.e., transactions between subgrantee and another
(other than a procurement contract for goods or services), regardless of type, under a primary covered
transaction. Effect of Action Except to the extent prohibited by law, subgrantees who are debarred or suspended shall be excluded from primary covered transactions and lower tier covered transactions for the period of
their debarment or suspension. DEBARMENT The MDHS Executive Director, or its designee, after consultation with the appropriate Division Director, may debar a subgrantee for any of the causes noted below. However, the
existence of a cause for debarment does not necessarily require that the subgrantee's acts or
omissions and any mitigating factors shall be considered in making a debarment decision.
Debarment means, for purposes of this agency, an action taken by the agency in accordance with
these regulations to exclude a subgrantee from participating in a covered transaction. Causes for Debarment Debarment may be imposed for: (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; MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 2 DEBARMENT AND SUSPENSION
(2) Violation of Federal or State antitrust statutes, including these 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/subgrantee. (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; or (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,
the effective date of these regulations, or a procurement debarment by any Federal
agency taken pursuant to 45 CFR Part 76; and (2) Knowingly doing business with a debarred, suspended, ineligible, or voluntarily excluded person, in connection with a covered transaction, except as permitted by
the agency. Procedures MDHS shall process debarment actions as informally as practicable, consistent with the principles of fundamental fairness. Information concerning the existence of a cause for debarment from any source shall be promptly reported, investigated, and referred, when appropriate, to the debarring official for
consideration. After consideration, the debarring official, MDHS Executive Director or its designee,
may issue a notice of proposed debarment. MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 3 DEBARMENT AND SUSPENSION Notice of Proposed Debarment A debarment proceeding shall be initiated by notice to the respondent advising: (a) That debarment is being considered; (b) Of the reasons for the proposed debarment in terms sufficient to put the respondent
on notice of the conduct or transaction(s) upon which it is based; (c) For the reasons covered in Causes for Debarment above; (d) Of the provisions regarding investigations, notice of proposed debarment, an opportunity to contest proposed debarment and a final decision; and (e) Of the potential effect of a debarment. Opportunity to Contest Proposed Debarment (a) Submission in Opposition Within 30 days after receipt of the notice of proposed debarment, the respondent may
submit to the MDHS Executive Director, in person, in writing, or through a
representative, information and argument in opposition to the proposed debarment. (b) Additional Proceedings As to Disputed Material Facts (1) In actions not based upon a conviction or civil judgment, if the debarring official finds that the respondent's submission in opposition raises a genuine dispute over
facts material to the proposed debarment, respondent(s) shall be afforded an
opportunity to appear with a representative, submit documentary evidence, present
witnesses, and confront any witness the agency presents. (2) A transcribed record of any additional proceedings shall be made available at cost to the respondent, upon request, unless the respondent and the agency, by mutual
agreement, waive the requirement for a transcript. Debarring Official's Decision (a) No Additional Proceedings Necessary In actions based upon a conviction or civil judgment, or in which there is no genuine
dispute over material facts, the debarring official shall make a decision on the basis of
all the information in the administrative record, including any submission made by the
respondent. The decision shall be made within 45 days after receipt of any information
and argument submitted by the respondent, unless the debarring official extends this
period for good cause. MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 4 DEBARMENT AND SUSPENSION (b) Additional Proceedings Necessary (1) In actions in which additional proceedings are necessary to determine disputed material facts, written findings of fact shall be prepared. The debarring official
shall base the decision on the facts as found, together with any information and
argument submitted by the respondent and any other information in the
administrative record. (2) The debarring official may refer disputed material facts to another official for findings of fact. The debarring official may reject any such findings, in whole or
in part, only after specifically determining them to be arbitrary and capricious or
clearly erroneous. (3) The debarring official's decision shall be made after the conclusion of the proceedings with respect to disputed facts. (c) Standard of Proof (1) In any debarment action, the cause for debarment must be established by a preponderance of the evidence. Where the proposed debarment is based upon a
conviction or civil judgment, the standard shall be deemed to have been met. (2) The burden of proof is on the agency proposing debarment. (d) Notice of Debarring Official's Decision (1) If the debarring official decides to impose debarment, the respondent shall be given prompt notice: (i) Referring to the notice of proposed debarment; (ii) Specifying the reasons for debarment; (iii) Stating the period of debarment, including effective dates; and (iv) Advising that the debarment is effective for covered transactions throughout the agency. (2) If the debarring official decides not to impose debarment, the respondent shall be given prompt notice of that decision. A decision not to impose debarment shall
be without prejudice to a subsequent imposition of debarment by any other
agency. Settlement and Voluntary Exclusion When in the best interest of the agency, MDHS may, at any time, settle a suspension action. MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 5 DEBARMENT AND SUSPENSION Period of Debarment (a) Debarment shall be for a period commensurate with the seriousness of the cause(s). If a suspension precedes a debarment, the suspension period shall be considered in
determining the debarment period. (b) The debarring official may extend an existing debarment for an additional period, if that official determines that an extension is necessary to protect the public interest. SUSPENSION Suspension is a serious action to be imposed only when there exists adequate evidence, as set out below, and immediate action is necessary to protect the public interest. For purposes of this
agency, suspension is an action taken by the agency in accordance with the following regulations that
immediately excludes a subgrantee from participating in covered transactions for a temporary period,
pending investigation and such legal action, debarment, or other proceedings as may ensue. Causes for Suspension Suspension may be imposed upon adequate evidence to suspect the commission of a debarment offense as listed in Causes for Debarment section above. Indictment shall constitute
adequate evidence for purposes of suspension actions. Procedures Investigation and referral. Information concerning the existence of a cause for suspension from any source shall be promptly reported, investigated, and referred, when appropriate, to the suspending official for
consideration. After consideration, the suspending official may issue a notice of suspension. Notice of Suspension
When a respondent is suspended, notice shall be immediately given: (a) That suspension has been imposed; (b) That the suspension is based on an indictment, conviction, or other adequate evidence
that the respondent has committed irregularities seriously reflecting on the propriety
of further State Government dealings with the respondent; (c) Describing any such irregularities in terms sufficient to put the respondent on notice
without disclosing the State Government's evidence; (d) Of the cause(s) relied upon above for imposing suspension; MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 6 DEBARMENT AND SUSPENSION (e) That the suspension is for a temporary period pending the completion of an
investigation or ensuing legal action, debarment, or other proceedings; (f) Of the notice of suspension, the opportunity to contest suspension, and the suspending
official's decision; and, (g) Of the effect of the suspension. Opportunity to Contest Suspension (a) Submission in Opposition Within 30 days after receipt of the notice of suspension, the respondent may submit to the MDHS Executive Director, in person, in writing, or through a representative,
information and argument in opposition to the suspension. (b) Additional Proceedings as to Disputed Material Facts (1) If the suspending official finds that the respondent's submission in opposition raises a genuine dispute over facts material to the suspension, respondent(s) shall
be afforded an opportunity to appear with a representative, submit documentary
evidence, present witnesses and confront any witness the agency presents, unless the action is based on an indictment, conviction or civil judgment as described
in the Causes for Debarment section above. (2) A transcribed record of any additional proceedings shall be prepared and available at cost to the respondent, upon request, unless the respondent and the
agency, by mutual agreement, waive the requirement of a transcript. Suspending Official's Decision The suspending official may modify or terminate the suspension or may leave it in force. A decision to modify or terminate the suspension shall be without prejudice, to the subsequent
imposition of debarment. The decision shall be rendered in accordance with the following
provisions: (a) No Additional Proceedings Necessary In actions based on an indictment, conviction, or civil judgment in which additional
proceedings to determine disputed material facts; or in which additional proceedings to
determine disputed material facts have been denied on the basis of law enforcement
advice, the suspending official shall make a decision on the basis of all information in
the administrative record, including any submission made by the respondent. The
decision shall be made within 45 days after receipt of any information and argument
submitted by the respondent, unless the suspending official extends this period for good
cause. MDHS Subgrantee Manual Section 14 Revised 3/01/2005 Page 7 DEBARMENT AND SUSPENSION (b) Additional Proceedings Necessary In actions in which additional proceedings are necessary to determine disputed material
facts, written findings of fact shall be prepared. The suspending official shall base the
decision on the facts as found, together with any information and argument submitted
by the respondent and any other information in the administrative record. The
suspending official may refer matters involving disputed material facts to another
official for findings of fact. The suspending official may reject any such findings, in
whole or in part, only after specifically determining them to be arbitrary or capricious,
or clearly erroneous. (c) Notice of Suspending Official's Decision Prompt written notice of the suspending official's decision shall be sent to the
respondent. Period of Suspension Suspension shall be for a temporary period pending the completion of an investigation or ensuing legal action, debarment, or other proceedings, unless terminated sooner by the suspending
official. If legal or administrative proceedings are not initiated within 12 months after the date of suspension notice, the suspension shall be terminated, unless the Executive Director receives a
request from the applicable MDHS funding Division Director and determines that this time should
be extended.
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