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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

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.


9.4 of the FAR can be accessed at:
http://www.acquisition.gov/far/current/html/Subpart%209_4.html#wp1083280

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