Scope and Effect of Debarment

PURPOSE: This rule establishes the scope and effect of the debarment of a person. Development Commission (1) Debarment of a person under these regulations constitutes a debarment of all its divisions and other organizational elements from all covered transactions and shall effectively exclude the debarred person as either a grantee/recipient or subgrantee/subrecipient from any program. However, the debarring official may, in its discretion, limit the scope and terms of the debarment decision to one (1) or more specifically identified individuals, divisions, or other organizational elements or to specific types of transactions. (2) A debarment may include all known affiliates of a person provided that each decision to include an affiliate is made on a case-bycase basis after giving due regard to all relevant facts and circumstances and provided that the procedures set forth in 4 CSR 1708.040 are followed for all such affiliates to be debarred. (3) The debarring official may grant an exception permitting a debarred person to participate in one (1) or more programs upon a written determination by the debarring official stating the reasons for deviating from the debarment. (4) At the discretion of the debarring official, an ongoing program or contractual arrangement may be carried out to completion by a debarred person notwithstanding the debarment. (5) Any person engaged in a covered transaction with the commission shall not renew or extend covered transactions with any person who is debarred or suspended except as allowed under the preceding section. AUTHORITY: section 215.030(5), (12), and (19), RSMo 2000.* Original rule filed Feb. 11, 2010, effective Aug. 30, 2010. *Original authority: 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989, 1993, 1995, 1998.