Code of Federal Regulations · Section
§ 890.1018 — Determining Length Of Debarment For An Entity Owned Or Controlled By A Sanctioned Provider
5 C.F.R. § 890.1018
OPM shall determine the length of debarments of entities under 5 U.S.C. 8902a(c)(2) based on the type of violation committed by the person with an ownership or control interest. The types of violations actionable under this provision are:
(a) Owner/controller's debarment. The debarment of an entity based on debarment of an individual with an ownership or control interest shall be for a period concurrent with the individual's debarment. If any aggravating or mitigating circumstances set forth in § 890.1016 apply solely to the entity and were not considered in setting the period of the individual's debarment, OPM may debar the entity for a period longer or shorter than the individual's debarment.
(b) Owner/controller's conviction. The debarment of an entity based on the criminal conviction of a person with an ownership or control interest for an offense listed in 5 U.S.C. 8902a(b)(1)-(4) shall be for a period of not less than 3 years, subject to adjustment for any aggravating or mitigating circumstances set forth in § 890.1016 applying solely to the entity.
(c) Owner/controller's civil monetary penalty. The debarment of an entity based on a civil monetary penalty imposed on a person with an ownership or control interest, shall be for a period of not less than 3 years, subject to adjustment for any aggravating or mitigating circumstances set forth in § 890.1016 applying solely to the entity.
Authorizing Statute
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Debarment and other sanctions5 U.S.C. § 8902a
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Definitions5 U.S.C. § 5561
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Regulations5 U.S.C. § 8913
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Postal Service Health Benefits Program5 U.S.C. § 8903c
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Continued benefits for certain Senate Restaurants employees2 U.S.C. § 2051
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Automatic coverage5 U.S.C. § 8702
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Access to Federal insurance25 U.S.C. § 1647b
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Transferred50 U.S.C. § 403p
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Health benefits for certain former spouses22 U.S.C. § 4069c