The Suspension and Debarment Office (S&D) at DOL protects the Department from fraud, waste, and abuse by ensuring that the government only conduct business with presently responsible individuals and entities. The suspension and debarment process allows agencies to exclude individuals and entities from receiving contracts where the government believes the entity is not responsible and presents a threat to the government’s interests.
There are essentially two types of S&Ds: statutory and discretionary (sometimes called administrative). Discretionary S&Ds further divide into two subcategories: procurement and non-procurement.
- Statutory S&D provisions refer to congressional enactments that provide bases for suspending or debarring individuals or entities; generally, such provisions are created by Congress to further statutory compliance or enforcement schemes. The suspension and debarment is only confined that that program/statute/Act.
- Discretionary suspension or debarment is a remedy that springs from the inherent authority of the Government acting in its capacity as a purchaser and consumer of goods and services. There are two authorities under the discretionary suspension and debarment: Procurement base, under Federal Acquisition Regulation, Part 9.4; and non-procurement base, under Chapter 2 of the Code of Federal Register, section 180. Under either bases, the effect of a discretionary suspension and debarment is reciprocal to all the Executive Branch agencies: meaning that if an individual/entity is suspended or debarred by one agency, that individual/entity is suspended or debarred by all the agencies from conducting business with the government.