Debarment and suspension (29 CFR 95.13)

Office of the Secretary of Labor

§ 95.17

subject to review by the State Single
Point of Contact (SPOC). The name
and address of the SPOC for a particular State can be obtained from
DOL or the Catalog of Federal Domestic
Assistance. The SPOC shall advise the
applicant whether the program for
which application is made has been selected by that State for review.
§ 95.13

Debarment and suspension.

Recipients shall comply with the
nonprocurement debarment and suspension common rule implementing
E.O.’s 12549 and 12689, ‘‘Debarment and
Suspension’’ codified by DOL at 29 CFR
part 98. This common rule restricts
subawards and contracts with certain
parties that are debarred, suspended or
otherwise excluded from or ineligible
for participation in Federal assistance
programs or activities.
§ 95.14

Special award conditions.

If an applicant or recipient:
(a) Has a history of poor performance,
(b) Is not financially stable,
(c) Has a management system that
does not meet the standards prescribed
in this part,
(d) Has not conformed to the terms
and conditions of a previous award, or
(e) Is not otherwise responsible,
DOL may impose additional requirements as needed, provided that such
applicant or recipient is notified in
writing as to: The nature of the additional requirements, the reason why
the additional requirements are being
imposed, the nature of the corrective
action needed, the time allowed for
completing the corrective actions, and
the method for requesting reconsideration of the additional requirements
imposed. Any special conditions shall
be promptly removed once the conditions that prompted them have been
corrected.
§ 95.15 Metric system of measurement.
The Metric Conversion Act, as
amended by the Omnibus Trade and
Competitiveness Act (15 U.S.C. 205), declares that the metric system is the
preferred measurement system for U.S.

trade and commerce. The Act requires
each Federal agency to establish a date
or dates in consultation with the Secretary of Commerce, when the metric
system of measurement will be used in
the agency’s procurements, grants, and
other business-related activities. Metric implementation may take longer
where the use of the system is initially
impractical or likely to cause significant inefficiencies in the accomplishment of federally-funded activities.
DOL shall follow the provisions of E.O.
12770, ‘‘Metric Usage in Federal Government Programs.’’
§ 95.16 Resource Conservation and Recovery Act.
Under the Resource Conservation and
Recovery Act (RCRA) (Pub. L. 94–580
codified at 42 U.S.C. 6962), any State
agency or agency of a political subdivision of a State which is using appropriated Federal funds must comply
with Section 6002. Section 6002 requires
that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by the Environmental Protection
Agency (EPA) (40 CFR parts 247–254).
Accordingly, State and local institutions of higher education, hospitals,
and non-profit organizations that receive direct Federal awards or other
Federal funds shall give preference in
their procurement programs funded
with Federal funds to the purchase of
recycled products pursuant to the EPA
guidelines.
§ 95.17 Certifications and representations.
Unless prohibited by statute or codified regulation, DOL requires recipients to submit certifications and representations required by statute, executive order, or regulation on an annual
basis only, if the recipients have ongoing and continuing relationships with
the agency. Annual certifications and
representations shall be signed by responsible officials with the authority
to ensure recipients’ compliance with
the pertinent requirements.

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