Construction Program Guide
Suspension / Debarment
A suspension or debarment is a discretionary action taken by the Government to protect Federal procurement and programs from unethical contractors or contractors that have an unsatisfactory business records. The suspension/debarment process is meant to be a separate process from the civil or criminal justice system which has the objective of punishing the guilty parties.
- Title 23 U.S.C. 315 provides very broad authority for the Secretary of Transportation to prescribe regulations to carry out the Federal-aid highway program. However, there are no specific statutes for suspension / debarment.
- Title 2 C.F.R. Part 180 - Government-wide Debarment and Suspension (non-procurement) (.pdf), effective November 15, 2006, as adopted and supplemented by the Department of Transportation at 2 C.F.R. Part 1200 (.pdf), effective June 2, 2008. (Replaces 49 C.F.R. Part 29 )
- Executive Order 12549, February 18, 1986 - Debarment and Suspension
- US DOT Order 4200.5E, March 15, 2010, "Suspension and Debarment Procedures and Ineligibility" (.pdf) summarizes the US DOT's procedures for suspension / debarment actions.
- The FHWA Contract Administration Core Curriculum Manual summarizes the FHWA's policies and provides general guidance on suspension and debarment.
- See the FHWA Contract Administration Core Curriculum Manual above
- General Services Administration System for Award Management provides a complete, current list of all individuals and firms who are excluded or disqualified from covered transactions by the Federal Government.
- US Government Interagency Committee on Suspension and Debarment
- Sample Guidance Developed by the USDOT/ AGC / ARTBA / AASHTO Suspension & Debarment Work Group
- The Latest Developments in False Claims Acts, a presentation prepared by Mr. Jim Thiel, Counsel, Wisconsin Department of Transportation, March 2009