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Interagency Suspension and Debarment Committee (ISDC)
Debarment Regulations
Regulations
Government-wide Nonprocurement Suspension and Debarment Common Rule [68 FR 66533]
Executive Order 12549 provides for a government-wide system of nonprocurement (grants and cooperative agreements) debarment and suspension. A person who is debarred or suspended is excluded from federal financial and nonfinancial assistance and benefits under federal programs and activities. Debarment or suspension of a participant in a program by one agency has government-wide, reciprocal effect.
The government-wide Nonprocurement Suspension and Debarment Common Rule has been published in three parts as listed below:
Federal Register, Nonprocurement Common Rule, Pages 66533 – 66582 (pdf)
Federal Register, Nonprocurement Common Rule, Pages 66583 – 66632 (pdf)
Federal Register, Nonprocurement Common Rule, Pages 66633 – 66646 (pdf)
2 CFR Part 180, “Guidance for Governmentwide Debarment and Suspension (Nonprocurement)” [ 70 FR 51863]
On August 31, 2005, the Office of Management and Budget updated and relocated its governmentwide nonprocurement suspension and debarment guidance. Clink on the following link for the official Federal Register publication.
On November 15, 2006, the Office of Management and Budget published a final rule adopting the interim final guidance with changes. [ 71 FR 66431]
The chart below provides the specific Code of Federal Regulation citation for each agency’s adoption of the Nonprocurement Common Rule on suspension and debarment.
| Agency | Code of Federal Regulation Citation |
|---|---|
| National Aeronautics and Space Administration | 2 CFR 1880.220 |
| Office of Personnel Management | 5 CFR 919 |
| Department of Agriculture | 2 CFR 417 |
| Department of Energy | 2 CFR 901 |
| Export-Import Bank | 2 CFR 3513 |
| Small Business Administration | 2 CFR 2700 |
| Department of Homeland Security | 2 CFR 3000 |
| Election Assistance Commission | 2 CFR 5800 |
| Nuclear Regulatory Commission | 2 CFR 2000 |
| Department of Commerce | 2 CFR 1326 |
| Social Security Administration | 2 CFR 2336 |
| Office of National Drug Control Policy | 2 CFR 1404 |
| Department of State | 2 CFR 601 |
| Agency for International Development | 2 CFR 780 |
| Peace Corps | 2 CFR 3700 |
| Inter-American Foundation | 22 CFR 1006 |
| African Development Foundation | 22 CFR 1508 |
| Department of Housing and Urban Development | 2 CFR 2424 |
| Department of Justice | 2 CFR 2867 |
| Department of Labor | 29 CFR 98 |
| Federal Mediation and Conciliation Service | 29 CFR 1471 |
| Department of Treasury | 31 CFR 19 |
| Department of Defense | 2 CFR 1125 |
| Department of Education | 2 CFR 3485 |
| National Archives and Records Administration | 2 CFR 2600 |
| Department of Veterans Affairs | 2 CFR 801 |
| Environmental Protection Agency | 2 CFR 1532 |
| General Services Administration | 41 CFR 105-68 |
| Department of the Interior | 2 CFR 1400 |
| Department of Health and Human Services | 2 CFR 376 |
| National Science Foundation | 2 CFR 2520 |
| National Endowment for the Arts | 2 CFR 3254 |
| National Endowment for the Humanities | 2 CFR 3369 |
| Institute of Museum and Library Services | 2 CFR 3185 |
| Corporation for National and Community Service | 2 CFR 2200 |
| Department of Transportation | 2 CFR 1200 |
Federal Acquisition Regulation Subpart 9.4 Debarment, Suspension, and Ineligibility
This subpart prescribes policies and procedures governing the debarment and suspension of contractors by agencies, provides for the listing of contractors debarred, suspended, proposed for debarment, and declared ineligible, and sets forth the consequences of this listing. Debarment or suspension of a participant in a program by one agency has government-wide, reciprocal effect.
Subpart 9.4 of the FAR can be accessed at:
http://www.acquisition.gov/content/subpart-94-debarment-suspension-and-ineligibility
