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Courthouse 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
Office of Personnel Management	5 CFR 919
Department of Agriculture	7 CFR 3017
Department of Energy	2 CFR 901
Export-Import Bank	12 CFR 413
Small Business Administration	13 CFR 145
National Aeronautics and Space Administration	14 CFR 1265
Department of Commerce	2 CFR 1326
Social Security Administration	20 CFR 436
Office of National Drug Control Policy	21 CFR 1404
Department of State	22 CFR 137
Agency for International Development	22 CFR 208
Peace Corps	2 CFR 3700
Inter-American Foundation	22 CFR 1006
African Development Foundation	22 CFR 1508
Department of Housing and Urban Development	24 CFR 24
Department of Justice	28 CFR 67
Department of Labor	29 CFR 98
Federal Mediation and Conciliation Service	29 CFR 1471
Department of Treasury	31 CFR 19
Department of Defense	32 CFR 25
Department of Education	34 CFR 85
National Archives and Records Administration	2 CFR 2600
Department of Veterans Affairs	38 CFR 44
Environmental Protection Agency	2 CFR 1532
General Services Administration	41 CFR 105-68
Department of the Interior	43 CFR 42
Department of Health and Human Services	45 CFR 76
National Science Foundation	2 CFR 2520
National Endowment for the Arts	2 CFR 3254
National Endowment for the Humanities	45 CFR 1169
Institute of Museum and Library Services	45 CFR 1185
Corporation for National and Community Service	45 CFR 2542
Department of Transportation	49 CFR 29

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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