Suspension & Debarment
Executive Order 12549 and FAR 521.209-5
This executive order calls for the creation of a government wide debarment and suspension system in connection with all transactions with federal agencies. Debarment and suspension are actions taken by the federal government against organizations or inpiduals who have committed fraud or a criminal offense in violation of federal law (see item 2 below). The regulations require that the Stevens Institute of Technology, as the formal applicant for grant and contract funds from the federal government, certify that neither the Institute itself nor its officers (members of the Board of Trustees and senior administrative staff) or researchers (faculty and professional colleagues who undertake research):
- Are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions (defined as being eligible to receive federal funds) by any federal department or agency.
- Have, within a 3-year period preceding an application for funding, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.
- Are presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in (2) above.
- Have, within a 3-year period preceding this application, had one or more public transactions (federal, state, or local) terminated for cause or default.
The Stevens Institute of Technology treats this requirement as a negative certification, i.e., that no inpiduals at the Institute who are covered by this executive order are debarred, suspended, or proposed for debarment or suspension. Therefore, any inpidual who meets any of the conditions in 1-4 above must immediately notify the Office of Sponsored Research and are precluded from receiving federally funded grant or contract awards or from being paid with federal funds.
A copy of these regulations can be obtained from the Office of Sponsored Programs.