[Code of Federal Regulations]
[Title 48, Volume 7]
[Revised as of October 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR3509.406-71]

[Page 111]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                   CHAPTER 35--PANAMA CANAL COMMISSION
 
PART 3509--CONTRACTOR QUALIFICATIONS--Table of Contents
 
         Subpart 3509.4--Debarment, Suspension and Ineligibility
 
Sec. 3509.406-71  Voluntary exclusion.

    (a)(1) At any time prior to the debarring official's issuance of a 
final decision whether to debar, the debarring official may, in the best 
interests of the U.S. Government, forgo or withdraw a proposed debarment 
by entering into a written agreement with the contractor, named 
individual or affiliate, in which the contractor, individual or 
affiliate agrees to voluntarily refrain, for a specified period of time, 
from attempting to obtain, and from entering into, any contract, 
purchase agreement or other form of contractual relationship, regardless 
of dollar amount, with, as the debarring official may determine, either: 
(i) the Commission; or (ii) the Commission and one or more, or all, 
other agencies, departments or entities of the U.S. Government.
    (2) A voluntary exclusion will not be reported to the GSA nor appear 
in the ``List of Parties Excluded from Federal Procurement and 
Nonprocurement Programs,'' and if the contractor, individual or 
affiliate is currently listed due to a Commission notice of proposal to 
debar the PE will advise the GSA of the voluntary exclusion and request 
the immediate cessation of the listing. The contractor, individual or 
affiliate shall agree that its failure to observe any term or condition 
of the voluntary exclusion shall constitute sufficient cause for the 
immediate imposition of debarment by the debarring official without 
entitlement to a fact-finding hearing.
    (b) The debarring official shall not enter into a voluntary 
exclusion agreement if the proposed debarment is based on a conviction 
of or civil judgment for any of the causes in FAR 9.406-2(a).