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.

Authority/Legal Basis

1. Laws

   • 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.

2. Regulations

   • Title 2 C.F.R Part 1200 -- Nonprocurement Suspension and Debarment. Replaces 49 CFR Part 29 (Effective June 2, 2008)

3. Orders

   • US DOT Order 4200.5D - Governmentwide Debarment, Suspension and Ineligibility (.pdf, 0.6 mb) summarizes the US DOT's procedures for suspension / debarment actions.
   • Order 2000.2A - FHWA Non-Procurement Suspension / Debarment Process Federal-aid Program summarizes the FHWA's procedures for suspension / debarment actions.

4. Policy

   • The FHWA Contract Administration Core Curriculum Manual summarizes the FHWA's policies and provides general guidance on suspension and debarment.

   • Policy Memorandums

     • Headquarters' April 1, 2003 memorandum titled: "Strengthening Suspension / Debarment Actions"

Guidance

1. General Information

   • See the FHWA Contract Administration Core Curriculum Manual above
   • General Services Administration Excluded Party List provides a complete, current list of all individuals and firms suspended or debarred by the Federal Government.
   • Links to State Government Precluded from bidding lists
   • US Government Interagency Committee on Suspension and Debarment
   • Sample Guidance Developed by the USDOT/ AGC / ARTBA / AASHTO Suspension & Debarment Work Group
     • Suspension and Debarment - Frequently Asked Questions
     • A Sample Code of Ethics Guide
     • A Sample Code of Ethics Model
     • A Sample Compliance Program Guide
     • A Sample Compliance Program Model
   • The Latest Developments in False Claims Acts, a presentation prepared by Mr. Jim Thiel, Counsel, Wisconsin Department of Transportation, March 2009

2. Training

   • FHWA Contract Administration Core Curriculum (Course Description)