Mandatory exclusion Sample Clauses

Mandatory exclusion. The Secretary shall exclude the following indi- viduals and entities from participation in any Federal health care program (as defined in sec- tion 1320a–7b(f) of this title): (1) Conviction of program-related crimes (2) Conviction relating to patient abuse (3) Felony conviction relating to health care fraud (4) Felony conviction relating to controlled substance
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Mandatory exclusion. The Secretary shall exclude the following individuals and entities from participation in a Federal health care program (as defined in section 1320a-7b(1) of this title): 1) Conviction of program-related crimes, Any individual or entity that has been convicted of a criminal offense related to the delivery of an item or service under subchapter XVIII of this chapter or under any State health care program. 2) Conviction relating to patient abuse. Any individual or entity that has been convicted, under Federal or State law, of a criminal offense relating to neglect or abuse of patients in connection with the delivery of a health care item or service. 3) Felony conviction relating to health care fraud. Any individual or entity that has been convicted for an offense which occurred after August 21, 1996, under Federal or State law, in connection with the delivery of a health care item or service or with respect to any act or omission in a health care program (other than those specifically described in paragraph (1)) operated by or financed in whole or in part by any Federal, State, or local government agency, of a criminal offense consisting of a felony relating to fraud, theft, embezzlement, breach of fiduciary responsibility. or other financial misconduct. 4) Felony conviction relating to controlled substance. Any individual or entity that has been convicted for an offense which occurred after August 21. 1996, under Federal or State law, of a criminal offense consisting of a felony relating to the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance.
Sample 1
Mandatory exclusion. The Council shall treat as ineligible and shall not select a Tenderer if the Council has actual knowledge that the company, or its directors or any other person who has powers of representation, decision or control of the company has been convicted of any of the offences detailed within Regulation 23 of The Public Contracts Regulations 2006, which implements Article 45 (1) of the 2004 EU Public Sector Procurement Directive.
Sample 1
Mandatory exclusion. The Council shall treat as ineligible and shall not select a Tenderer if the Council has actual knowledge that the Tenderer, or its directors or any other person who has powers of representation, decision or control of the Tenderer has been convicted of any of the offences detailed within Regulation 23(1), of the Public Contracts Regulations 2006 which implements Article 45 (1) of the 2004 EU Public Sector Procurement Directive. Full details regarding Regulation 23 of the Public Contracts Regulations 2006 can be found at: xxxx://xxx.xxxxxxxxxxx.xxx.xx/uksi/2006/5/contents/made The Bribery Act 2010, which came into force July 2011, places an obligation on the Council to ensure that all partner Tenderers / agents & contractors have 'adequate procedures' in place to prevent bribery. In B1 and B2 below 'Company' refers to the Tenderer B1 Does your Company or any of your Company's Directors, Partners, or anyone in an equivalent position e.g. any other senior managers who have powers of representation, decision or control in respect of this current opportunity, have any unspent convictions relating to any of the offences covered by Regulation 23(1), of the Public Contracts Regulations 2006 ? Yes No B2 Does your Company employ or use sub-contractors who would be used for this Contract if you were successful with your submission who have any unspent convictions relating to any of the offences covered by regulation 23(1), of the Public Contracts Regulations 2006? Yes No B3 Please confirm your company and sub contractors have a policy in place to prevent acts of bribery in accordance with the Bribery Act 2010 Yes No If you have answered NO to the above, please explain why, detailing what internal systems are in place to prevent acts of bribery
Sample 1
Mandatory exclusion. The new public sector and utilities procurement Directives, as implemented by the Public Contracts Regulations 2006, include a new mandatory requirement for contracting authorities to exclude economic operators (suppliers, contractors and services providers) from public contracts where they have been convicted of certain offences. Please indicate whether your organisation, or any of its directors, partners or any other person who has powers of representation, decision or control, have been convicted of any of the following offences (including those which are spent within the meaning of the Rehabilitation of Offenders Act 1974): Answering yes to any of the following questions may result in rejection of your application. D1 conspiracy within the meaning of section 1 of the Criminal Law Act 1977 where that conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/XXX No Yes - details enclosed D2 corruption within the meaning of section 1 of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906; No Yes - details enclosed D3 the offence of bribery; No Yes - details enclosed D4 fraud, where the offence relates to fraud affecting the financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Union, within the meaning of – (i) the offence of cheating the Revenue; (ii) the offence of conspiracy to defraud; (iii) fraud or theft within the meaning of the Theft Act 1968 and the Theft Act 1978; (iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985; (v) defrauding the Customs within the meaning of the Customs and Excise Management Act 1979 and the Value Added Tax Act 1994; (vi) an offence in connection with taxation in the European Community within the meaning of section 71 of the Criminal Justice Act 1993; or (vii) destroying, defacing or concealing of documents or procuring the extension of a valuable security within the meaning of section 20 of the Theft Act 1968; No Yes - details enclosed D5 money laundering within the meaning of the Money Laundering Regulations 2003 (now replaced by the Money Laundering Regulations 2007 as amended); No Yes - details enclosed D6 any other offence within the meaning of Article 45(1) of the Public Sector Directive as defined by the national law of any relevant State. If Yes, please give details. No Y...
Sample 1

Related to Mandatory exclusion

  • Specific Exclusion Stanford does not: (A) grant to ***** any other licenses, implied or otherwise, to any patents or other rights of Stanford other than those rights granted under Licensed Patent, regardless of whether the patents or other rights are dominant or subordinate to any Licensed Patent, or are required to exploit any Licensed Patent or Technology; (B) commit to ***** to bring suit against third parties for infringement, except as described in Section 14; and (C) agree to furnish to ***** any technology or technological information other than the Technology or to provide ***** with any assistance.

  • Xxxxxxxxx, Suspension, Ineligibility and Voluntary Exclusion By executing Counterpart (1) the Bidder affirms that it is in compliance with the requirements of 2 C.F.R. Part 180 and that neither it, its principals, nor its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. BY: (Authorized Signatory DATE: NOTICES: (Address)

  • DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION By executing this contract the firm affirms that it is in compliance with the requirements of 2 C.F.R. Part 180 and that neither it, its principals, nor its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

  • Additional Exclusions A Receiving Party will not violate its confidentiality obligations if it discloses the Disclosing Party’s Confidential Information if required by applicable laws, including by court subpoena or similar instrument so long as the Receiving Party provides the Disclosing Party with written notice of the required disclosure so as to allow the Disclosing Party to contest or seek to limit the disclosure or obtain a protective order. If no protective order or other remedy is obtained, the Receiving Party will furnish only that portion of the Confidential Information that is legally required, and agrees to exercise reasonable efforts to ensure that confidential treatment will be accorded to the Confidential Information so disclosed.

  • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal 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 (Federal, State or local) 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; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

  • Specific Exclusions Apart from the exclusions common to all covers, the following are also excluded. We do not intervene for: EMERGENCY SUITCASE DOMESTIC HELP DELIVERY OF HOUSEHOLD SHOPPING PSYCHOLOGICAL SUPPORT UPON YOUR RETURN HOME To allow us to intervene under the best conditions, remember to prepare the following information that will be requested when you call: When you call initially, you will be given an assistance file number. State it systematically during any subsequent contacts with our Assistance Service. - the policy came with the purchase of goods or a service sold by a supplier; - you can show that you are already covered for one of the risks covered by this new policy; - the policy you wish to cancel has not been fully established; - you have not declared any loss covered by this policy. In this situation, you can exercise your right to cancel this policy by letter or in any lasting medium sent to the insurer of the new policy, together with documentary proof that you already have cover for one of the risks covered by this new policy. The insurer must reimburse you the premium paid within thirty days of your cancellation. If you wish to cancel your policy but do not meet all the above conditions, please check the cancellation procedure stipulated in your policy.

  • GENERAL EXCLUSIONS We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area.

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • Non-Exclusive Arrangement Nothing contained in these Terms shall be construed as conferring or granting an exclusive right or obligation upon either party to purchase or sell products or services under these terms. 21. FORCE MAJEURE Neither party shall be liable to the other for any delay or inability to perform its obligations under these terms or otherwise if such delay or inability arises from any act of God, fire, natural disaster, act of government, or any other cause beyond the reasonable control of such party which could not be avoided by the exercise of due care.

  • Service Exclusions All of an Employee's years of Service with the Employer shall be counted to determine the vested interest of such Employee except:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!