This guidance prescribes Departmental standards for implementing suspension and debarment (S&D) procedures for all Department of Agriculture (USDA) procurement and nonprocurement programs or activities.
2. SPECIAL INSTRUCTIONS
This regulation supersedes the Departmental S&D Guidance dated December 14, 2011.
a. Executive Order (EO) 12549 – Debarment and Suspension – mandates Executive departments and agencies to:
(1) Participate in a government-wide system for S&D for programs and activities involving Federal financial and nonfinancial assistance and benefits;
(2) Comply with the Office of Management and Budget’s (OMB) regulations establishing government-wide criteria and minimum due process procedures when debarring or suspending participants; and
(3) Submit suspended or debarred persons’ identifying information for listing in the System for Award Management (SAM) which is maintained by the General Services Administration (GSA). (Effective July 2012, the GSA Excluded Parties List System [EPLS] migrated to the SAM).
b. Nonprocurement S&D procedures as mandated by EO 12549 are outlined in 2 Code of Federal Regulations (C.F.R.) Part 180 (OMB Guidelines to Agencies on Government-wide Debarment and Suspension) and 2 C.F.R. Part 417 (USDA Supplement to 2 C.F.R. Part 180).
c. Federal Acquisition Regulation (FAR) 48 C.F.R. 9.402(e) mandates Federal agencies to establish appropriate procedures to implement the policies and procedures of FAR 48 C.F.R. Subpart 9.4 (Debarment, Suspension, and Ineligibility). USDA’s procurement S&D regulations have been promulgated in the Agriculture Acquisition Regulation (AGAR): FAR 48 C.F.R., Chapter 4, Subpart 409.4.
d. Pursuant to EO 12689 the suspension, debarment, or other exclusion of a participant in a nonprocurement program or activity under regulations issued pursuant to EO 12549, or in a procurement program or activity under the FAR, will have reciprocal government-wide effect. That is, a person or entity that is suspended or debarred from a nonprocurement program or activity is also excluded from procurement programs or activities, and vice versa, across the Federal government.
e. All USDA agencies will implement S&D in accordance with the applicable regulations for procurement or nonprocurement S&D actions and with the procedures set forth in this guidance to ensure that:
(1) Only presently responsible persons participate in USDA programs; and
(2) USDA solicits offers from, awards contracts to, and consents to subcontracts only with presently responsible entities.