Debarment and Suspension
The S&D process protects the federal government from fraud, waste and abuse by using a number of tools to avoid doing business with non-responsible contractors. Suspensions, Proposals for Debarment, and Debarments are the most widely known tools as these actions are visible to the public via SAM (formerly EPLS). However, Hearings, Show Cause Letters, Requests for Information, which are not visible to the public, are also effective tools used to protect the Government and taxpayers’ interests. Terminations of Review are also important as they inform the contractor under review that a determination has been made that the contractor is presently responsible and can continue conducting business with the Government.
The actions taken by a debarring official in accordance with OMB guidance at 2 CFR 180, "Non-procurement Debarment and Suspension," to exclude a person or organization from participating in grants and other non-procurement awards government-wide. If debarred or suspended, the person or organization may not receive financial assistance (under a grant, cooperative agreement, or subaward, or contract under a grant) for a specified period of time. Debarments and suspensions carried out pursuant to 2 CFR 376 are distinct from post-award suspension action by an awarding agency.
Suspension[edit]
- Immediate Need
- A temporary measure; there is a twelve month limit.
- Usually used pending the completion of investigation or legal proceedings.
- Based upon adequate evidence, usually an indictment.
Debarment[edit]
- Usually three years in length.
- Based upon a preponderance of the evidence, usually a conviction.
