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![]() U.S. Department of Transportation Federal Highway Administration |
Order![]() Subject FHWA NONPROCUREMENT SUSPENSION AND DEBARMENT PROCESS (FEDERAL-AID PROGRAM)
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Classification
Code 2000.2A |
Date |
Office
of Primary Interest |
Par. |
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(2) violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging,
(3) commission of embezzlement, theft, forgery, or bribery; falsification or destruction of records; falsification of statements or claims; receipt of stolen property; obstruction of justice, or
(4) commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a person.
(2) a history of failure to perform or of unsatisfactory performance of one or more public agreements or transactions, or
(3) a willful violation of a statutory or regulatory provision or requirement applicable to a public agreement or transaction.
(2) knowingly doing business with a debarred, suspended, ineligible, or voluntarily excluded person, in any connection with a covered transaction, except as permitted in 49 CFR § 29.215 or § 29.220,
(3) failure to pay a single substantial debt, or a number of outstanding debts (including disallowed costs and overpayments, but not including sums owed the Federal Government under the Internal Revenue Code) owed to any Federal agency or instrumentality, provided the debt is uncontested by the debtor or, if contested, provided that the debtor's legal and administrative remedies have been exhausted,
(4) violation of a material provision of a voluntary exclusion agreement entered into under 49 CFR § 29.315 or of any settlement of a debarment or suspension action, or
(5) violation of any requirement of 49 CFR 29 Subpart F, relating to providing a drug-free workplace, as set forth in 49 CFR § 29.615.
(2) to suspect the commission of an offense listed in paragraph 8a.
(2) Department of Justice/U.S. Attorney investigations,
(3) civil and/or criminal court actions, and
(4) media reports (newspaper, magazine, newsletter, etc.).
Note: It is important to document any State-level S/D actions that have taken place. If information is available, the Division Administrator should document the status and terms of the State's S/D action and comment on the terms of any State recommendation.
(2) Notice of Suspension will be issued when immediate exclusion is warranted, based on adequate evidence of a debarment cause listed in paragraph 8a (e.g., the alleged acts indicate a reckless disregard for the structural integrity of a highway, bridge, appurtenance, etc.).
(3) Notice of Proposed Debarment will be issued when a debarment cause listed in paragraph 8a, or adequate evidence thereof, is not the cause for the debarment action.
(2) The FHWA Debarring Official will issue a final decision on the S/D action within 45 calendar days after completion of the respondent's appeal and the resolution of any disputed facts. The respondent will be sent a letter, via certified mail, stating the action taken. Either a Notice of Debarment or a Notice of Reinstatement will be issued to document the final action.
(3) The FHWA Debarring Official may refer controversial proceedings, for which a settlement on an S/D action cannot be amicably reached, to the Secretary of Transportation's Board of Contract Appeals (S-20).
(1) Suspension: Suspension actions are taken for a temporary period, pending the completion of the debarment process. Generally, suspensions will not exceed 12 months. If a legal or administrative proceeding is not initiated within 12 months of the effective date of the suspension, then the suspension will be terminated, unless an Assistant Attorney General or a United States Attorney requests an extension in writing, in which case it may be extended for an additional 6 months. In no event will a suspension be extended beyond 18 months, unless a legal proceeding is initiated, which precludes lifting the suspension.
(2) Debarment: Generally, debarment periods are limited to 3 years; however, if circumstances warrant, a longer debarment period may be imposed. The proposed debarment period, typically 3 years, may be reduced by the FHWA Debarring Official commensurate with the seriousness of the cause and any mitigating evidence presented. If preceded by suspension, the debarment period will begin retroactively from the effective date of the suspension.
(1) The GSA LIST is published monthly. Copies are distributed to all FHWA division offices. Due to printing and mailing time, the information in the GSA LIST is approximately 6 weeks old by the time that it is distributed. GSA also maintains an electronic data base of excluded parties at the following Internet address: http://epls.arnet.gov.
(2) To ensure that FHWA S/D actions are administered in a timely manner, the field offices will be notified of FHWA S/D actions, via e-mail, within a few working days of their occurrence. In addition, the Contract Administration Group (HIPA-30) maintains a list of persons and firms suspended, debarred, and reinstated by the FHWA. This list of FHWA S/D actions will be e-mailed to the field offices during the first week of each month. It is emphasized that the FHWA list only includes actions taken by the FHWA and is not intended to be used in lieu of the GSA LIST.
(1) The State DOTs are required to annually certify as to the current eligibility status of their principals. By signing the Federal-aid project agreement form, the State provides the certification for its principals as required in 23 CFR 630.307(c)(4).
(2) Prime contract bidders and consultants are required to certify as to their own current eligibility status, as well as that of their principals, as a part of each Federal-aid highway contract bid proposal and consultant agreement.
(3) All lower-tier participants are also required to certify as to the current eligibility status of the company and its principals.
Kenneth R. Wykle
Federal Highway Administrator