Title 22--FOREIGN RELATIONS
Chapter XV--AFRICAN DEVELOPMENT FOUNDATION


may be closed. 1500.6 Procedure for announcing meetings. 1500.7 Procedure for closing meetings. 1500.8 Changing the time and place of, and reconsideration of opening...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR1500.2] [Page 461] TITLE 22--FOREIGN RELATIONS CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION PART 1500_SUNSHINE REGULATIONS--Table of Contents Sec. 1500.2 Policy. It is the policy of the African Development Foundation to provide the public with the fullest practical information regarding its decision-making process, while protecting the rights of individuals and the ability of the Foundation to carry out its responsibilities. ...


specified in title V, section 507 of the International Security and Development Cooperation Act of 1980, Pub. L. 96-533 (22 U.S.C. 290 h-5). Meeting means...


meeting of the Board of Directors shall be open to public observation, subject to the exceptions provided in Sec. 1500.5. (b) The Secretary of the Foundation shall...


the Foundation determines that such portion or portions of its meeting or the disclosure of such information is likely to: (1) Disclose matters that are: ...


meeting, the following information: (1) Time of the meeting; (2) Place of the meeting; (3) Subject matter of the meeting; (4) Whether the meeting or...


when: (1) A majority of the membership of the Foundation's Board of Directors votes to take such action. That vote shall determine whether or not any portion or portions...


only if the Foundation publicly announces such change at the earliest practicable time. The subject matter of a meeting, or the determination of the Foundation...


of each meeting, or portion of a meeting, closed to the public. (b) The Foundation, after review by the General Counsel, shall make promptly available to the public in...


central organization and location of offices. [[Page 464]] 1501.4 Availability of information pertaining to Foundation operations. 1501.5 Substantive rules of...


Act (title V, Pub. L. 96-533, 94 Stat. 3151 (22 U.S.C. 290h)). It is a non-profit, non-stock issuing, tax-exempt corporation, and is subject to title I of the...


of a Chairperson, a Vice Chairperson and five other members appointed by the President, by and with the advice and consent of the Senate. Five of the members...


the Office of Program and Field Operations at ADF [[Page 465]] headquarters, 1724 Massachusetts Avenue NW., Suite 200, Washington,...


of the Code of Federal Regulations and the Federal Register. These regulations are supplemented from time to time by amendments appearing initially in the...


available at the Foundation. 1502.6 Records of other departments and agencies. 1502.7 Fees. 1502.8 Exemptions. 1502.9 Processing of requests. 1502.10...


as the ``Freedom of Information Act'' or the Public Information Section of the Administrative Procedure Act, as amended, Pub. L. 90-23, 81 Stat. 54, codified at 5...


on weekdays (holidays excluded) at the Foundation offices at 1724 Massachusetts Avenue, NW., Suite 200, Washington, DC 20036. Requests for access should be made to the...


Administration and Finance Division, African Development Foundation, 1724 Massachusetts Avenue, NW., Suite 200, Washington, DC 20036. [[Page 466]] Both...


to be withheld, the following works or classes of information: (a) A copy of Foundation regulations, including those published in title 22 of the Code of...


Agency will be forwarded to the particular department or agency involved, and the petitioner so notified. In response to requests for records or publications published by...


responding to requests for Foundation records under this sub-part unless the Director of A&F determines that such charges, or a portion thereof, are not in the public...


(a) Records specifically required by executive order to be exempt from disclosure in the interest of the national defense or foreign policy which properly...


the Director of A&F within ten working days of receipt of the Foundation's decision whether to deny or grant access to the records. (b) Denials. If the Director of A&F,...


business, or in which the agency records are situated, or in the District of Columbia, has jurisdiction to enjoin the Foundation from withholding Foundation records, and...


Stat. 3131 (22 U.S.C. 290h 4(2)(3)). Source: 50 FR 18634, May 2, 1985, unless otherwise noted. Pursuant to section 506(a)(3) of Pub. L. 96-533, the...


letters spelling the words ``AFRICAN DEVELOPMENT FOUNDATION--UNITED STATES OF AMERICA;'' (b) Within that circle is an inner circle with the stylized letters ADF...


this part. (b) The seal shall be kept in the custody of the General Counsel, or any [[Page 469]] other person he authorizes, and should be affixed...


Source: 61 FR 6507, Feb. 21, 1996. Directors and other employees of the African Development Foundation are subject to the Standards of Ethical Conduct for...


penalty and administrative charges. 1506.5 Demand for payment. 1506.6 Collection by offset. 1506.7 Disclosures to consumer reporting agencies and contracts with ...


to collect claims (including offset, compromise, suspension, termination, disclosure and referral) in accordance with the Federal Claim Collection Standards (``FCCS'') of...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR1506.3] [Page 469] TITLE 22--FOREIGN RELATIONS CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION PART 1506_COLLECTION OF CLAIMS--Table of Contents Sec. 1506.3 Subdivision of claims. A debtor's liability arising from a particular contract or transaction shall be considered a single claim for purposes of the monetary ceilings of the FCCS. ...


assess: (1) Late payment charges (interest) on unpaid claims at the prompt payment interest rate established by the Secretary of the Treasury as the current value...


other information indicates that additional written demands would either be unnecessary or futile. When necessary to protect the Government's interest, written demand may...


used whenever feasible and not otherwise prohibited. Offset is not required to be used in every instance and consideration should be given to the debtor's financial condition...


than delinquent debts of current Federal employees, to consumer reporting agencies in accordance with 31 U.S.C. 3711(f) and the FCCS. (b) The African...


for disclosure of records. 1507.6 Access to records. 1507.7 Contents of record systems. 1507.8 Fees. 1507.9 Judicial review. 1507.10...


information in any records system, and to provide such individuals with appropriate and complete access to such records, including adequate opportunity to correct...


but not limited to information regarding education, financial transactions, medical history, criminal or employment history, or any other personal information...


any person or any other agency except by written request or prior written consent of the individual to whom the record pertains or his or her agent or attorney, unless...


of routine disclosures, except those made to employees of the Foundation in the normal course of duties or pursuant to the provisions of the Freedom of Information...


person during regular business hours, shall be provided access to his or her record or to any information pertaining to him or her which is contained in a system of...


and necessary to accomplish the purpose for which it was acquired as authorized by statute or Executive Order. (b) The Foundation will collect information, to...


from all types of copying processes, each reproduction image, $0.10 per page. (b) Where the Foundation undertakes to perform for an individual making a request, or...


552a(g), whenever the Foundation: (a) Makes a determination not to amend an individual's record in accordance with his or her request, or fails to make such review...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR1507.10] [Page 476] TITLE 22--FOREIGN RELATIONS CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION PART 1507_RULES SAFEGUARDING PERSONAL INFORMATION--Table of Contents Sec. 1507.10 Exemptions. No Foundation system or systems of records, as such, are exempted from the provisions of 5 U.S.C. 552a, as permitted under certain conditions by 5 U.S.C. 552a (j) and (k). ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR1507.11] [Page 476] TITLE 22--FOREIGN RELATIONS CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION PART 1507_RULES SAFEGUARDING PERSONAL INFORMATION--Table of Contents Sec. 1507.11 Mailing list. An individual's name and address may not be sold or rented by the Foundation unless such action is specifically authorized by law. This section does not require the withholding of names and addresses otherwise permitted to be made public. ...


by virtue of his or her employment or official position, has possession of, or access to, Foundation records which contain individually identifiable information, the disclosure...


alter any system or records as defined herein. This report will be submitted in accordance with guidelines provided by the Office of Management and Budget. (b) If...


Do terms in this part have special meanings? Subpart A_General 1508.100 What does this part do? 1508.105 Does this part...


business community to use. The section headings and text, often in the form of questions and answers, must be read together. (b) Pronouns used within this part, such...


are defined in Subpart I of this part. For example, three important terms are-- (a) Exclusion or excluded, which refers only to discretionary actions taken by...


of debarment and suspension for ADF nonprocurement activities. It also provides for reciprocal exclusion of persons who have been excluded under the...


Sec. 1508.25(b)) apply to you if you are a(n)-- (a) Person who has been, is, or may reasonably be expected to be, a participant or principal in a covered transaction; ...


(a) To protect the public interest, the Federal Government ensures the integrity of Federal programs by conducting business only with responsible persons. ...


With the exceptions stated in Sec. Sec. 1508.120, 1508.315, and 1508.420, a person who is excluded by the African Development Foundation or any other...


a covered transaction? (a) The ADF President may grant an exception permitting an excluded person to participate in a particular covered transaction. If the ADF...


for Federal procurement contracts? If any Federal agency excludes a person under its nonprocurement common rule on or after August 25, 1995, the excluded person...


to participate in nonprocurement transactions? If any Federal agency excludes a person under the FAR on or after August 25, 1995, the excluded person is...


participating in a nonprocurement transaction? Given a cause that justifies an exclusion under this part, we may exclude any person who has been involved, is...


List System (EPLS) to determine whether a person [[Page 481]] is excluded. The General Services Administration (GSA) maintains the EPLS and makes...


who are excluded from nonprocurement transactions? Except if provided for in Subpart J of this part, this part-- (a) Addresses disqualified persons only to-- ...


a nonprocurement or procurement transaction that is subject to the prohibitions of this part. It may be a transaction at-- (a) The primary tier, between a Federal...


The importance of a covered transaction depends upon who you are. (a) As a participant in the transaction, you have the responsibilities laid out in...


All nonprocurement transactions, as defined in Sec. 1508.970, are covered transactions unless listed in Sec. 1508.215. (See appendix to...


The following types of nonprocurement transactions are not covered transactions: (a) A direct award to-- (1) A foreign government or foreign...


(a) Covered transactions under this part-- (1) Do not include any procurement contracts awarded directly by a Federal agency; but (2) Do include some...


covered transaction? As a participant in a transaction, you will know that it is a covered transaction because the agency regulations governing the transaction,...


with another person at the next lower tier? Doing Business With Other Persons When you enter into a covered transaction with...


or disqualified person? (a) You as a participant may not enter into a covered transaction with an excluded person, unless the African Development...


with whom I am already doing business in a covered transaction? (a) You as a participant may continue covered transactions with an excluded person if the...


a principal under a covered transaction? (a) You as a participant may continue to use the services of an excluded person as a principal under a covered transaction if...


eligible to participate? Yes, you as a participant are responsible for determining whether any of your principals of your covered transactions is excluded...


in a covered transaction? If as a participant you knowingly do business with an excluded person, we may disallow costs, annul or terminate the transaction,...


lower tiers with whom I intend to do business? Before entering into a covered transaction with a participant at the next lower tier, you must require that...


a covered transaction with the African Development Foundation? Before you enter into a covered transaction at the primary tier, you as the participant must notify...


Sec. 1508.335, will I be prevented from participating in the transaction? As a primary tier participant, your disclosure of unfavorable information about yourself or...


under Sec. 1508.335? If we later determine that you failed to disclose information under Sec. 1508.335 that you knew at the time you entered into the...


Sec. 1508.335 after entering into a covered transaction with the African Development Foundation? At any time after you enter into a covered transaction,...


before entering into a covered transaction with that participant? Before you enter into a covered transaction with a person at the next higher tier, you as...


under Sec. 1508.355? If we later determine that you failed to tell the person at the higher tier that you were excluded or disqualified at the time...


Sec. 1508.355 after entering into a covered transaction with a higher tier participant? At any time after you enter into a lower tier covered...


disqualified person? (a) You as an agency official may not enter into a covered transaction with an excluded person unless you obtain an exception under...


if a principal of the transaction is excluded? As an agency official, you may not enter into a covered transaction with a participant if you know that a...


an excluded person? After entering into a covered transaction with a participant, you as an agency official may not approve a participant's use of an...


or a principal after I enter into a covered transaction? (a) You as an agency official may continue covered transactions with an excluded person, or under...


disqualified person at a lower tier? If a transaction at a lower tier is subject to your approval, you as an agency official may not approve-- (a) A...


disqualified? As an agency official, you must check to see if a person is excluded or disqualified before you-- (a) Enter into a primary tier covered transaction; ...


disqualified? You check to see if a person is excluded or disqualified in two ways: (a) You as an agency official must check the EPLS when you take any...


You as an agency official must require each participant in a primary tier covered transaction to-- (a) Comply with subpart C of this part as a condition...


participants? To communicate the requirements to participants, you must include a term or condition in the transaction requiring the participant's...


does business with an excluded or disqualified person? If a participant knowingly does business with an excluded or disqualified person, you as an...


to disclose the information required under Sec. 1508.335? If you as an agency official determine that a participant failed to disclose information, as required...


disclose the information required under Sec. 1508.355 to the next higher tier? If you as an agency official determine that a lower tier participant failed to...


The EPLS is a widely available source of the most current information about persons who are excluded or disqualified from...


the EPLS to determine whether to enter into a transaction with a person, as required under Sec. 1508.430. (b) Participants also may, but are not required to, use the EPLS...


guidelines, the General Services Administration (GSA) maintains the EPLS. When a Federal agency takes an action to exclude a person under the nonprocurement or...


a minimum, the EPLS indicates-- (1) The full name (where available) and address of each excluded or disqualified person, in alphabetical order, with cross references if more...


officials who take actions to exclude persons under this part or officials who are responsible for identifying disqualified persons must enter the following information about...


If you have questions about a person in the EPLS, ask the point of contact for the Federal agency that placed the person's name into the EPLS. You may find the...


EPLS through the Internet, currently at http://epls.arnet.gov. (b) As of November 26, 2003, you may also subscribe to a printed version. However, we anticipate discontinuing...


do suspension and debarment actions start? When we receive information from any source concerning a cause for suspension or debarment, we will promptly report...


does suspension differ from debarment? Suspension differs from debarment in that-- ------------------------------------------------------------------------ ...


procedures does the African Development Foundation use in suspension and debarment actions? In deciding whether to suspend or debar you, we handle the actions...


How does the African Development Foundation notify a person of a suspension or debarment action? (a) The suspending or debarring official sends a written notice to the...


Federal agencies coordinate suspension and debarment actions? Yes, when more than one Federal agency has an interest in a suspension or debarment, the agencies may...


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...


the African Development Foundation impute conduct of one person to another? For purposes of actions taken under this rule, we may impute conduct as follows: ...


the African Development Foundation 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...


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...


other Federal agencies know if the African Development Foundation agrees to a voluntary exclusion? (a) Yes, we enter information regarding a voluntary exclusion into...


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...


(a) In determining the adequacy of the evidence to support the suspension, the suspending official considers how much information is available, how credible it is...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR1508.710] [Page 489] TITLE 22--FOREIGN RELATIONS CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION PART 1508_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) --Table of Contents Subpart G_Suspension Sec. 1508.710 When does a suspension take effect? A suspension is effective when the suspending official signs the decision to suspend. ...


After deciding to suspend you, the suspending official promptly sends you a Notice of Suspension advising you-- (a) That you have been suspended; (b) That...


to contest a suspension, you or your representative must provide the suspending official with information in opposition to the suspension. You may do this orally or in writing,...


a respondent you or your representative must either send, or make rrangements to appear and present, the [[Page 490]] information and argument to the suspending...


a suspension? (a) In addition to any information and argument in opposition, as a respondent your submission to the suspending official must identify-- (1)...


facts on which the suspension is based? (a) You as a respondent will not have an additional opportunity to challenge the facts if the suspending official...


conducted in a fair and informal manner. The suspending official may use flexible procedures to allow you to present matters in opposition. In so doing, the suspending...


conducted-- (1) You may present witnesses and other evidence, and confront any witness presented; and [[Page 491]] (2) The fact-finder must prepare...


continue or terminate my suspension? (a) The suspending official bases the decision on all information contained in the official record. The record includes-- (1)...


The suspending official must make a written decision whether to continue, modify, or terminate your suspension within 45 days of closing the official record. The...


are initiated at the time of, or during your suspension, the suspension may continue until the conclusion of those proceedings. However, if proceedings are...


person 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...


debarment? After consideration of the causes in Sec. 1508.800 of this subpart, if the debarring official proposes to debar you, the official sends you a Notice...


the debarring official issues a decision. The debarring official does not issue a decision until the respondent has had an opportunity to contest the...


to contest a proposed debarment, you or your representative must provide the debarring official with information in opposition to the proposed debarment. You may do this...


(a) As a respondent you or your representative must either send, or make arrangements to appear and present, the information and argument to the debarring official within 30 days...


contest a proposed debarment? (a) In addition to any information and argument in opposition, as a respondent your submission to the debarring official must identify-- ...


facts on which a proposed debarment is based? (a) You as a respondent will not have an additional opportunity to challenge the facts if the debarring official...


conducted in a fair and informal manner. The debarring official may use flexible procedures to allow you as a respondent to present matters in opposition. In so doing,...


(1) You may present witnesses and other evidence, and confront any witness presented; and (2) The fact-finder must prepare written findings of fact for...


me? (a) The debarring official may debar you for any of the causes in Sec. 1508.800. However, the official need not debar you even if a cause for debarment exists....


any debarment action, we must establish the cause for debarment by a preponderance of the evidence. (b) If the proposed debarment is based upon a conviction or civil...


have the burden to prove that a cause for debarment exists. (b) Once a cause for debarment is established, you as a respondent have the burden of demonstrating to the satisfaction...


This section lists the mitigating and aggravating factors that the debarring official may consider in determining whether to debar you and the length of your debarment...


to debar you, your period of debarment will be based on the seriousness of the cause(s) upon which your debarment is based. Generally, debarment should not exceed...


debarring official must make a written decision whether to debar within 45 days of closing the official record. The official record closes upon the debarring official's receipt...


Yes, as a debarred person you may ask the debarring official to reconsider the debarment decision or to reduce the time period or scope of the debarment. However,...


The debarring official may reduce or terminate your debarment based on-- (a) Newly discovered material evidence; (b) A reversal of the conviction or...


debarring official may extend a debarment for an additional period, if that official determines that an extension is necessary to protect the public interest. (b) However,...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR1508.900] [Page 496] TITLE 22--FOREIGN RELATIONS CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION PART 1508_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) --Table of Contents Subpart I_Definitions Sec. 1508.900 Adequate evidence. Adequate evidence means information sufficient to support the reasonable belief that a particular act or omission has occurred. ...


indirectly, either one controls or has the power to control the other or a third person controls or has the power to control both. The ways we use to determine...


department, defense agency, or any other agency of the executive branch. Other agencies of the Federal government are not considered ``agencies'' for the purposes...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR1508.915] [Page 496] TITLE 22--FOREIGN RELATIONS CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION PART 1508_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) --Table of Contents Subpart I_Definitions Sec. 1508.915 Agent or representative. Agent or representative means any person who acts on behalf of, or who is authorized to commit, a participant in a covered transaction. ...


civil action by any court of competent jurisdiction, whether by verdict, decision, settlement, stipulation, other disposition which creates a civil liability for the complained...


any other determination of guilt of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or plea, including a plea of nolo contendere; or ...


under subpart H of this part to exclude a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48...


who is authorized to impose debarment. A debarring official is either-- (1) The agency head; or (2) An official designated by the agency head. ...


participating in specified Federal procurement or nonprocurement transactions as required under a statute, Executive order (other than Executive Orders 12549 and 12689)...


(a) That a person or commodity is prohibited from being a participant in [[Page 497]] covered transactions, whether the person has been suspended;...


means the list maintained and disseminated by the General Services Administration (GSA) containing the names and other information about persons who are ineligible. The...


A presentment, information, or other filing by a competent authority charging a criminal offense shall be given the same effect as...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR1508.960] [Page 497] TITLE 22--FOREIGN RELATIONS CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION PART 1508_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) --Table of Contents Subpart I_Definitions Sec. 1508.960 Ineligible or ineligibility. Ineligible or ineligibility means that a person or commodity is prohibited from covered transactions because of an exclusion or disqualification. ...


or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812), to which the Federal Government or a State...


any transaction, regardless of type (except procurement contracts), including, but not limited to the following: (1) Grants. (2) Cooperative agreements. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR1508.975] [Page 497] TITLE 22--FOREIGN RELATIONS CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION PART 1508_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) --Table of Contents Subpart I_Definitions Sec. 1508.975 Notice. Notice means a written communication served in person, sent by certified mail or its equivalent, or sent electronically by e-mail or facsimile. (See Sec. 1508. 615.) ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR1508.980] [Page 497] TITLE 22--FOREIGN RELATIONS CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION PART 1508_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) --Table of Contents Subpart I_Definitions Sec. 1508.980 Participant. Participant means any person who submits a proposal for or who enters into a covered transaction, including an agent or representative of a participant. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR1508.985] [Page 497] TITLE 22--FOREIGN RELATIONS CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION PART 1508_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) --Table of Contents Subpart I_Definitions Sec. 1508.985 Person. Person means any individual, corporation, partnership, association, unit of government, or legal entity, however organized. ...


proof by information that, compared with information opposing it, leads to the conclusion that the fact at issue is more probably true...


partner, principal investigator, or other person within a participant with management or supervisory responsibilities related to a covered transaction; or (b)...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR1508.1000] [Page 497] TITLE 22--FOREIGN RELATIONS CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION PART 1508_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) --Table of Contents Subpart I_Definitions Sec. 1508.1000 Respondent. Respondent means a person against whom an agency has initiated a debarment or suspension action. [[Page 498]] ...


the United States; (2) The District of Columbia; (3) The Commonwealth of Puerto Rico; (4) Any territory or possession of the United States; or (5) Any agency...


official who is authorized to impose suspension. The suspending official is either: (1) The agency head; or (2) An official designated by the agency head. ...


under subpart G of this part that immediately prohibits a person from participating in covered transactions and transactions covered under the Federal...


exclusion means a person's agreement to be excluded under the terms of a settlement between the person and one or more agencies. Voluntary exclusion must have...


Subpart A_Purpose and Coverage Sec. 1509.100 What does this part do? 1509.105 Does this part apply to me? 1509.110 Are any of my Federal...


of this part apply to you if you are either-- (1) A recipient of an assistance award from the African Development Foundation; or (2) A(n) ADF awarding official....


this part? This part does not apply to any award that the ADF President determines that the application of this part would be inconsistent with the...


receive? It will affect future contract awards indirectly if you are debarred or suspended for a violation of the requirements of this part, as described in Sec....


part? There are two general requirements if you are a recipient other than an individual. (a) First, you must make a good faith effort, on a continuing...


statement? You must publish a statement that-- (a) Tells your employees that the unlawful manufacture, distribution, dispensing, possession, or use of...


statement? You must require that a copy of the statement described in Sec. 1509.205 be given to each employee who will be engaged in the performance of...


program? You must establish an ongoing drug-free awareness program to inform employees about-- (a) The dangers of drug abuse in the workplace; ...


statement and establish my drug-free awareness program? If you are a new recipient that does not already have a policy statement as described in Sec....


who are convicted of drug violations in the workplace? There are two actions you must take if an employee is convicted of a drug violation in...


(a) You must identify all known workplaces under each ADF award. A failure to do so is a violation of your drug-free workplace requirements. You may identify...


if I am an individual recipient? As a condition of receiving a(n) ADF award, if you are an individual recipient, you must agree that-- (a) You will...


awarding official? As a(n) ADF awarding official, you must obtain each recipient's agreement, as a condition of the award, to comply with the...


for recipients other than individuals? A recipient other than an individual is in violation of the requirements of [[Page 503]] this part...


recipients who are individuals? An individual recipient is in violation of the requirements of this part if the ADF President determines, in writing, that-- ...


against a recipient determined to have violated this part? If a recipient is determined to have violated this part, as described in Sec. 1509.500 or Sec....


The ADF President may waive with respect to a particular award, in writing, a suspension of payments under an award, suspension or termination of an award,...


assistance by the African Development Foundation or other Federal agency directly to a recipient. (a) The term award includes: (1) A Federal grant or...


a controlled substance in schedules I through V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation at 21 CFR 1308.11...


guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal...


means an award of financial assistance that, consistent with 31 U.S.C. 6305, is used to enter into the same kind of relationship as a grant (see definition of...


means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any...


by a Federal agency to prohibit a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions. A recipient so prohibited...


a site for the performance of work done in connection with a specific award at which employees of the recipient are prohibited from engaging in the unlawful...


a recipient directly engaged in the performance of work under the award, including-- (1) All direct charge employees; (2) All indirect charge employees, unless...


agency means any United States executive department, military department, government corporation, government controlled corporation, any other establishment in the executive...


that, consistent with 31 U.S.C. 6304, is used to enter into a relationship-- (a) The principal purpose of which is to transfer a thing of value to the recipient...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR1509.655] [Page 504] TITLE 22--FOREIGN RELATIONS CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION PART 1509_GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)--Table of Contents Subpart F_Definitions Sec. 1509.655 Individual. Individual means a natural person. ...


partnership, association, unit of government (except a Federal agency) or legal entity, however organized, that receives an award directly from a...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR1509.665] [Page 504] TITLE 22--FOREIGN RELATIONS CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION PART 1509_GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)--Table of Contents Subpart F_Definitions Sec. 1509.665 State. State means any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. ...


taken by a Federal agency that immediately [[Page 505]] prohibits a recipient from participating in Federal Government procurement contracts and...


Application. 1510.103 Definitions. 1510.104-1510.109 [Reserved] 1510.110 Self-evaluation. 1510.111...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR1510.102] [Page 505] TITLE 22--FOREIGN RELATIONS CHAPTER XV--AFRICAN DEVELOPMENT FOUNDATION PART 1510_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN Sec. 1510.102 Application. This regulation (Sec. Sec. 1510.101-1510.170) applies to all programs or activities conducted by the agency, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the United States. ...


Rights Division, United States Department of Justice. Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to...


do not or may not meet the requirements of this regulation and, to the extent modification of any such policies and practices is required, the agency shall proceed to...


regarding the provisions of this regulation and its applicability to the programs or activities conducted by the agency, and make such information available to them...


from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the agency. (b)(1) The agency,...


any program or activity conducted by the agency. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as...


shall, because the agency's facilities are inaccessible to or unusable by individuals with handicaps, be denied the benefits of, be excluded from participation in, or otherwise...


activity, when viewed in its entirety, is readily accessible to and usable by individuals with handicaps. This paragraph does not-- (1) Necessarily require the agency...


behalf of, or for the use of the agency shall be designed, constructed, or altered so as to be readily accessible to and usable by individuals with handicaps. The...


other Federal entities, and members of the public. (1) The agency shall furnish appropriate auxiliary aids where necessary to afford an individual with handicaps...


on the basis of handicap in programs and activities conducted by the agency. (b) The agency shall process complaints alleging violations of section 504 with...




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