Section 585.226 - What happens if the provisional winner fails to meet its obligations?(a) If BOEM determines that a provisional winner has failed to timely complete the steps outlined in § 585.225(b) or § 585.316 , or has otherwise failed to comply with applicable laws, regulations, or FSN provisions, BOEM may take one or more of the following actions:(1) Decline to execute the applicable lease.(2) Decline to execute the lease for any other lease areas that the provisional winner won during the auction.(3) Require forfeiture of the bid deposit. In the event the bid deposit exceeds the amount of the winning bid, BOEM would limit the required forfeiture to the lesser amount.(4) Refer the matter to the Department of the Interior's Administrative Remedies Division for suspension or debarment review pursuant to 2 CFR part 180 as implemented at 2 CFR part 1400.(5) Pursue any other remedy available.(b) If BOEM declines to execute a lease with the provisional winner under paragraph (a) of this section, BOEM may decide to select a new provisional winner by either repeating the auction under § 585.224(f) , or pursuant to the procedures in § 585.223(a)(8) , by selecting the next highest bid submitted during the auction, or by using other procedures specified in the FSN.(c) BOEM's decisions under this section are appealable under § 585.118 . 88 FR 6430 , 1/31/2023; 89 FR 42729 , 7/15/2024