2 CFR § 417.605
How does suspension differ from debarment?
July 31, 2023
§ 417.605 How does suspension differ from debarment?
Suspension Differs From Debarment in That—
| A suspending official . . . | A debarring official . . . |
|---|---|
| (a) Imposes suspension as a temporary status of ineligibility for procurement and nonprocurement transactions, pending completion of an investigation or legal proceedings | Imposes debarment for a specified period as a final determination that a person is not presently responsible. |
| (b) Must— | |
| (1) Have “adequate evidence” that there may be a cause for debarment of a person; and | |
| (2) Conclude that “immediate action” is necessary to protect the Federal interest | Must conclude, based on a “preponderance of the evidence,” that the person has engaged in conduct that warrants debarment. |
| (c) Usually imposes the suspension “first,” and then promptly notifies the suspended person, giving the person an opportunity to contest the suspension and have it lifted | Imposes debarment “after” giving the respondent notice of the action and an opportunity to contest the proposed debarment. |
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