2 CFR 417.605 - How does suspension differ from debarment?

Regulations last checked for updates: May 10, 2024

Title 2 - Grants and Agreements last revised: May 01, 2024

View all text of Subpart F [§ 417.600 - § 417.660]

§ 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.

authority: 5 U.S.C. 301; Pub. L. 101-576, 104 Stat. 2838; Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); 7 U.S.C. 2209j; E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12698 (3 CFR, Comp., p. 235); 7 CFR 2.28

source: 75 FR 29185, May 25, 2010, unless otherwise noted.

cite as: 2 CFR 417.605