Overview
This section establishes government-wide reciprocity for debarments and suspensions, ensuring that an exclusion initiated under procurement regulations (FAR) or nonprocurement regulations is recognized as effective across all Executive Branch agencies.
Key Rules
- Reciprocal Recognition: Any debarment, suspension, or exclusion initiated under the Nonprocurement Common Rule (after August 25, 1995) is legally effective for Executive Branch procurement activities.
- Bi-Directional Enforcement: Conversely, any procurement-based exclusion initiated under FAR Subpart 9.4 is recognized as an exclusion under the Nonprocurement Common Rule.
- Legal Authority: This mandate is derived from Public Law 103-355 (Section 2455), 31 U.S.C. 6101, and Executive Orders 12549 and 12689.
- Uniformity: The rule ensures that a "bad actor" excluded from one type of federal participation (e.g., grants) is automatically excluded from the other (e.g., contracts).
Practical Implications
- Contractors debarred from receiving federal contracts are simultaneously disqualified from receiving federal grants, cooperative agreements, and other nonprocurement benefits.
- Contracting Officers must treat any exclusion listed in the System for Award Management (SAM) as a total bar to award, regardless of whether the original action was procurement or nonprocurement in nature.