This document was superseded on 03/15/2010 by DOT Order 4200.5E Suspension and Debarment Procedures and Ineligibility (.pdf)
 U.S. Department of Transportation Federal Highway Administration |
MEMORANDUM |
| Subject: | INFORMATION: Strengthening Suspension / Debarment Actions | Date: | April 1, 2003 |
| From: | /s/ Original signed by: King W. Gee Associate Administrator for Infrastructure |
Refer To: | HIPA-30 |
| To: | Division Administrators Directors of Field Services |
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Strengthening FHWA's suspension and debarment actions is of the utmost importance in ensuring that the interests of the Federal Government are protected from conducting business with a person or firm that has an unsatisfactory record of integrity and business ethics. Suspension and debarment are discretionary administrative actions and not done for purposes of punishment. This memorandum serves as a reminder to division offices of their responsibilities to provide recommendations for suspension or debarment according to the procedures discussed in FHWA Order 2000.2A (https://www.fhwa.dot.gov/legsregs/directives/orders/20002a.htm).
As soon as possible after a division office learns about an indictment or conviction, suspension should be considered. The FHWA Notice 2000.2A, Paragraph 9, states "when circumstances warrant, suspension action will be taken to protect the Federal Government by excluding persons and firms proposed for debarment from participation in Federal assistance programs while the debarment action is processed." Furthermore, "an indictment shall constitute adequate evidence for purposes of suspension actions."
It is the responsibility of the division office to investigate and prepare a report that includes information concerning: (a) Federal-aid project information on which the wrongful conduct occurred, the amount involved, identity of the company and its principals, who was involved, what happened, and a copy of relevant documents; and (b) Any other relevant information on mitigating factors, such as cooperation with the government during the investigation and remedial actions that the contractor may have taken should also be included in the report.
The division office should be aware of their State's process for reviewing the GSA List of Parties Excluded From Federal Procurement and Nonprocurement Programs prior to all prime and subcontract approvals. If a process does not exist, one should be developed to assure business is not conducted with a suspended or debarred person or firm.
If you have any questions about suspension and debarment, please feel free to contact Ms. Julie Trunk at 202-366-4639.