EPA's management authority includes an effective administrative tool to address waste, fraud, abuse, poor performance, environmental noncompliance or other misconduct: The authority to suspend and or debar individuals and entities.

Suspension and debarment actions prevent companies and individuals from participating in government contracts, subcontracts, loans, grants and other assistance programs. The effect of suspension and debarment by a federal agency is government wide. (See 2 CFR Part 180 and 2 CFR Part 1532). Suspension and debarment actions protect the government from doing business with individuals/companies/recipients who pose a business risk to the government.

Duc H. Nguyen, EPA Suspension and Debarment Official

Suspension

May be based on indictments, information or adequate evidence involving environmental crimes, contract fraud, embezzlement, theft, forgery, bribery, poor performance, non-performance, or false statements.

Is a temporary action which may last up to one year and is effective immediately.

Debarment

May be based on convictions, civil judgments or fact based cases involving environmental crimes, contract fraud, embezzlement, theft, forgery, bribery, poor performance, non-performance or false statements as well as other causes.

Results in the imposition of a set period of time decided on a case by case basis.

Top of Page

Statutory Debarment

Occurs by operation of law following criminal conviction under the Clean Water Act (Section 508) and the Clean Air Act (Section 306).

Last until the Debarring Official certifies that the condition giving rise to conviction has been corrected.

• EPA Debarment and Suspension Contested Case Determinations
• Information Regarding the Suspension and Debarment Process, Clean Water Act and Clean Air Act Ineligibilities, How to Contest a Notice, and How to Seek Reinstatement
• Regulations
• System for Award Management
• Interagency Suspension and Debarment Committee
• Suspension and Debarment Contacts

Top of Page