Debarment and Suspension

Impact dates

1. Date TBD

   Final regulations published

2. Date TBD

   Proposed regulations submitted to OMB for review

3. Feb 18, 1989

   OMB Director report to President on agency compliance with recommendations

4. Feb 18, 1988

   First periodic report on implementation due to OMB Director

Key directives

• Agencies shall participate in government-wide debarment and suspension system for federal assistance programs
• Debarment or suspension by one agency has government-wide effect
• Agencies must follow uniform criteria and minimum due process procedures
• Agencies must submit identifying information on excluded parties to designated lead agency
• Agencies generally prohibited from allowing excluded parties to participate; exceptions require agency head written determination and should be infrequent
• Proposed regulations submitted to OMB within 4 months of Section 6 guidelines
• Final regulations published within 12 months of Section 6 guidelines
• OMB Director designates lead agency to maintain current list of excluded parties and study automation feasibility
• Lead agency must report to OMB Director periodically, with first report within 2 years
• OMB Director reports to President on agency compliance within 3 years, including exception counts

Who is ordered

• OMB Director · Office of Management and Budget
• Agency Head · Various

Timeline

Risks & tensions

• Section 3 deadlines for proposed and final regulations are relative to unspecified 'guidelines issued under Section 6' date, making actual calendar dates uncertain
• Tension between government-wide uniformity and agency autonomy in granting exceptions under Section 2(c)
• Coverage ambiguity: 'not limited to' language in Section 1(b) expands scope beyond enumerated programs without clear boundaries
• No explicit enforcement mechanism for non-compliant agencies beyond OMB regulatory review and presidential reporting