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Procurement Cause and Treatment Codes

Defines the cause and treatment code (letter/number) indicating the cause of the action and the treatment to be accorded the excluded party.


Codes

A    A1    AA    B    BB    C    C1    CC    D    DD    E    EE    F    FF    G    H    H1    I    J    J1    K    L    M    N    N1    O   

Descriptions

A

Cause
Debarment by an agency pursuant to FAR 9.406-2, GPO Instructions 110.11A, or PS Publication 41, for one or more of the following causes (a) conviction of or civil judgment for fraud violation of antitrust laws, embezzlement, theft, forgery, bribery, false statements, or other offenses indicating a lack of business integrity; (b) violation of the terms of a Government contract, such as a willful failure to perform in accordance with its terms or a history of failure to perform; or (c) any other cause of a serious and compelling nature affecting responsibility. (See Code N- Debarment pursuant to FAR 9.406 2(b)(2) Drug Free Workplace Act of 1988.)

Treatment
Contractors are excluded from receiving contracts, and agencies shall not solicit offers from, award contracts to renew or otherwise extend the duration of current contracts, or consent to subcontracts with these contractors, unless the acquiring agency's head or a designee determines that there is a compelling reason for such action. Government prime contractors, when required by the terms of their contract, shall not enter into any subcontract equal to or in excess of $25,000 with a contractor that is debarred, suspended, or proposed for debarment, unless there is a compelling reason to do so. Debarments are for a specified term as determined by the debarring agency and as indicated in the listing.
A1

Cause
Proposed debarment by an agency pursuant to FAR 9.406-2 for one or more of the causes listed in FAR 9.406.2. (See Code N1- Proposed debarment pursuant to FAR 9.406-2(b)(2) Drug Free Workplace Act of 1988.)

Treatment
Same as Code A, except that proposed debarments are temporary actions. Therefore the termination date will be listed as "Indefinite" (Indef.).
AA

Cause
Denial of all Federal contracts by a sentencing judge pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988 on the basis of a conviction(s) for a Federal or State offense relating to the distribution or possession of controlled substances.

Treatment
Listed persons shall not be issued any contract provided by an agency of the United States or by appropriated funds of the United States. Subcontracts awarded with appropriated Federal funds shall also be denied. The denial shall terminate on the date shown. Persons convicted for a third offense relating to distribution of controlled substances after the effective date of the Act shall be denied benefits permanently. Therefore, the termination date for such denials shall be listed as "Permanent" (Perm.)
B

Cause
Suspension by an agency pending completion of investigation or legal proceedings pursuant to FAR 9.407-2, GPO Instructions 110.11A, or PS Publication 41, and based on (a) an indictment for, or adequate evidence of, the commission of fraud, antitrust violations, embezzlement, theft, forgery, bribery, false statements, or other offenses indicating a lack of business integrity; or (b) adequate evidence of any other cause of a serious and compelling nature. (See Code O-Suspension pursuant to FAR 9.407-2(a)(4) Drug Free Workplace Act of 1988.)

Treatment
Same as Code A, except that suspensions are temporary actions. Therefore, the termination date will be listed as "Indefinite" (Indef.). NOTE Debarment and suspension actions taken in accordance with policies and procedures set forth in the FAR 9.4 are effective throughout the Executive Branch. Debarment and suspension actions taken in accordance with GPO Instructions 110.11A and PS Publication 41, are effective only within GPO or the PS, as listed proceeding the listed party. These actions are for information purposes only, but should be considered by contracting officials as reflecting acts or circumstances which may have a bearing on the contractor's responsibility, and which may serve as a basis for governmentwide debarment or suspension of the contractor by another agency.
BB

Cause
Partial denial of Federal contracts by a sentencing judge pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988 on the basis of a conviction(s) for a Federal or State offense relating to the distribution or possession of controlled substances.

Treatment
Listed persons shall not be issued contracts or subcontracts as specified by the sentencing judge which are provided by an agency of the United States or by appropriated funds of the United States. Contact the U.S. Department of Justice's Denial of Federal Benefits Project point of contact listed to determine the extent to which benefits have been denied. The denial shall terminate on the date included in the listing. Persons convicted for a third offense relating to distribution of controlled substances after the effective date of the Act shall be denied benefits permanently. Therefore, the termination date for such denials shall be listed as "Permanent" (Perm.). NOTE A denial of benefits under Section 5301 of the Anti-Drug Abuse Act of 1988 does not include benefits relating to long-term drug treatment programs for addiction for any person who declares himself an addict, provides a reasonable body of evidence to substantiate this declaration, and submits to a long-term treatment program for addiction, or is deemed to be rehabilitated pursuant to rules established by the Secretary of Health and Human Services. The denial of benefits may also be suspended on the basis of the person's participation or good faith effort to participate in a supervised rehabilitation program. Contact the U.S. Department of Justice's Denial of Federal Benefits Project point of contact listed to verify any assertions that the denial of benefits does not apply, or has been waived or suspended on this basis.
C

Cause
Debarred by the Comptroller General for violation of the Davis-Bacon Act, 40 U.S.C. 276a-2(a).

Treatment
The contractor, or any firm, corporation, partnership, or association in which the contractor has an interest is ineligible to receive any contract or subcontract of the United States or District of Columbia and any contract or subcontract subject to the labor standards provisions of the statutes listed in 29 CFR 5.1 (see Code G). Debarment is for a three-year period to terminate on the date shown.
C1

Cause
Debarment under a settlement generally with DOL (consent) agreement in which the contractor agrees to be debarred to settle government charges that contractor violated the Davis-Bacon Act.

Treatment
The contractor and any firm, corporation, partnership, or association, in which the contractor has an interest is ineligible to receive any contract or subcontract of the United States or District of Columbia or any contractor subcontract subject to the labor standards provisions of the statutes listed in 29 CFR 5.1 (see Code G). Debarment is for a three-year period. Debarment will terminate on the date shown.
CC

Cause
Excluded by a Federal agency from acting as an individual surety pursuant to FAR 28.203-7 for one or more of the following causes: failure to fulfill the obligations under any bond; failure to disclose all bond obligations, misrepresentation of the value of available assets or outstanding liabilities; false or misleading statement, signature or representation on a bond or affidavit of individual suretyship, or any other cause affecting responsibility as a surety of such serious and compelling nature as may be determined to warrant exclusion.

Treatment
Bonds shall not be accepted from listed party unless the acquiring agencies head or designee determines that there is a compelling reason to do so. The listed party is also precluded from acting as a contractor as defined at FAR 9.403. The exclusion will terminate on the date shown.
D

Cause
Debarred by the Secretary of Labor for violation of the Service Contract Act, 41 U.S.C. 354.

Treatment
Offers shall not be solicited from, nor contracts be awarded to, the listed contractor or any firm, corporation, partnership, or association in which the contractor has a substantial interest. Debarment is for a three-year period to terminate on the date shown.
DD

Cause
Declared ineligible by the Secretary of Education in accordance with the Higher Education Act of 1965, 20 U.S.C. 1145g and the Drug-Free Schools and Communities Act of 1986, 20 U.S.C. 3224 based upon a failure to submit a certification of adoption and implementation of a drug prevention program.

Treatment
Listed institutions of higher education, local educational agencies and State educational agencies are ineligible to receive any Federal contract or subcontract. An institution or agency remains ineligible until it submits the drug prevention program certification. Therefore, the termination date will be listed as "Indefinite" (Indef.). For additional information, please call the ED point of contact listed under "View Agency Contacts".
E

Cause
Debarred by an agency for violation of the Buy American Act, 41 U.S.C. 10b(b).

Treatment
Offers shall not be solicited from, nor contracts or subcontracts for the construction, alteration, or repair of public buildings or works, be awarded to, the listed contractor. The contractor may be solicited for offers and awarded contracts for other than construction, alteration, or repair of public buildings or works. Debarment will terminate on the date shown.
EE

Cause
Excluded by the Secretary of Education as required by the Higher Education Act of 1965, 20 U.S.C. 1145g and the Drug-Free Schools and Communities Act of 1986, 20 U.S.C. 3224a based on a violation of a certification of adoption and implementation of a drug prevention program.

Treatment
Listed institutions of higher education, local educational agencies and State educational agencies are ineligible to receive any Federal contract or subcontract. An institution or agency must comply with the requirements and procedures for reinstatement of eligibility applicable to any Federal program under which it desires to receive Federal contracts or subcontracts. Therefore, the termination date will be listed as "Indefinite" (Indef.). For more information, please call the ED point of contact listed under "View Agency Contacts".
F

Cause
Declared ineligible by the Secretary of Labor or the Assistant Secretary of Labor for Employment Standards in accordance with Executive Order No. 11246, as amended (30 FR 12319, September 28, 1965; 32 FR 14303, October 13, 1967; 43 FR 46501, October 5, 1978) Section 503 of the Rehabilitation Act of 1973, as amended 29 U.S. C. Sec. 793, and/or the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. Sec. 2012, and is based on the contractor's or subcontractor's failure to satisfy its obligations under the Equal Opportunity Clause or Affirmative Action Clause of a Federal contract or federally assisted construction contract.

Treatment
The contractor or subcontractor and its officers, agents, successors, divisions and subsidiaries are ineligible for the award of any contract or subcontract funded, in whole, or part, with funds from any agency, or for the extension or other modification of existing contracts or subcontracts. Debarment is for an indefinite period of time pending the contractor's or subcontractor's compliance with Executive Order 11246, Section 503 of 109 the Rehabilitation Act of 1973, the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and their respective implementing regulations, or for a fixed period of not less than six months. Therefore, the termination date will be listed as the ending date of such as a fixed period, or as "Indefinite" (Indef.)
FF

Cause
Conviction of fraud or any other felony, on or after September 29, 1988, arising out of a contract with the Department of Defense as required by the 1993 National Defense Authorization Act 10 U.S.C. 2408.

Treatment
Listed individuals are prohibited from serving in a management or supervisory capacity on any DoD contract or first-tier subcontract; serving on the board of directors, or as a consultant, agent or representative for any DoD contractor or first tier subcontractor; or serving in any other capacity with the authority to influence, advise, or control the decisions of any DoD contractor or subcontractor with regard to any DoD contract or first-tier subcontract.
G

Cause
Declared ineligible by the Secretary of Labor under the authority granted in Reorganization Plan No. 14 of 1950 and based on a violation of one or more of the labor standards provisions of one or more of the following Federal statutes: Contract Work Hours and Safety Standards Act, 40 U.S.C. 327, et seq.; Copeland Act, 40 U.S.C. 276c; Hospital Survey and Construction Act, as amended by the Hospital and Medical Facilities Amendments of 1964, 42 U.S.C. 291e(a)(5); United State Housing Act of 1937, as amended, 42 U.S.C.1437j; National Housing Act, 12 U.S.C. 1715c, as amended: Housing Act of 1949, 42 U.S.C. 1459 Housing Act of 1961, 42 U.S.C. 1500c-3; Housing and Urban Development Act of 1965, 42 U.S.C. 3107; Federal-Aid Highway Act, 23 U.S.C. 113; Federal Water Pollution Control Act, 33 U.S.C. 1372; Postal Reorganization Act, 39 U.S.C. 410(b)(4)(c); Public Works and Economic Development Act of 1965, 42 U.S.C. 3222; Housing and Community Development Act of 1974, 42 U.S.C. 5310; Health Professions Educational Assistance Act, 42 U.S.C. 293a(c)(7), Appalachian Regional Development Act of 1965, 40 U.S.C. App. 402; Urban Mass Transportation Act of 1964, 40 U.S.C. 1609; Housing Act of 1950, 12 U.S.C. 1749a(f); Housing. Act of 1959, 12 U.S.C. 1701q(c)(3) Commercial Fisheries Research and Development Act of 1964, 16 U.S.C. 779e; National Technical Institute for the Deaf Act, 20 U.S.C. 684(b)(5); National Foundation on the Arts and Humanities Act of 1965, 20 U.S.C. 954(j); Elementary and Secondary Education Act of 1965, as amended by Elementary and Secondary and other Educational Amendments of 1969, 20 U.S.C. 1232(b), Indian Self-Determination and Education Assistance Act, 25 U.S.C. 450e; Indian Health Care Improvement Act, 25 U.S.C. 1633(b); Rehabilitation Act of 1973 29 U.S.C. 776(b)(5), Job Training Act, 29 U.S.C. 1501 et seq.; Veterans Nursing Home Care Act of 1964, 38 U.S.C. 5035(a)(8); National Visitors Center Facilities Act of 1966, 40 U.S.C. 808; Health Services Research, Health Statistics, and Medical Libraries Act of 1974, 42 U.S.C. 242m(h)(2); Nurse Training Act of 1964, 42 U.S.C. 296a(b)(5); Heart Disease, Cancer, and Stroke Amendments of 1965, 42 U.S.C. 299d(b)(4); Safe Drinking Water Act, 42 U.S.C. 300j-9(e); National Health Planning and Resources Act, 42 U.S.C. 300 0-3(b)(1)(H); Demonstration Cities and Metropolitan Development Act of 1966, 42 U.S.C. 3310: 12 U.S.C. 1715c; 42 U.S.C. 1437(j); Defense Housing and Community Facilities Land Services Act of 1951, 42 U.S.C. 1592j; Special Health Revenue Sharing Act of 1975, 42 U.S.C. 2689j(a)(5); Economic Opportunity Act of 1964, 42 U.S.C.2947: Headstart, Economic Opportunity and Community Partnership Act of 1974, 42 U.S.C. 299a; Older Americans Act of 1965. 42 U.S.C. 3041a(a)(4); Juvenile Delinquency Prevention Act, 42 U.S.C. 3884, New Communities Act of 1968, 42 U.S.C. 3909; Urban Growth and New Community Development Act of 1970, 42 U.S.C. 4529; Domestic Volunteers Service Act of 1973, 42 U.S.C. 5046; Developmentally Disabled Assistance and Bill of Rights Act, 42 U.S.C. 6042(4); 42 U.S.C. 6063(b)(19); National Energy Conservation Policy Act, 42 U.S.C. 6371j; Public Works Employment Act of 1976, 42 U.S.C. 6708; 42 U.S.C. 6728; Energy Conservation and Production Act, 42 U.S.C. 6881(h); Solid Waste Disposal Act, 42 U.S.C. 6979; Rail Passenger Service Act of 1970, 45 U.S.C. 565(d), Highway Speed Ground Transportation Study, 49 U.S.C. 1636(b); Airport and Airway Development Act of 1970, 49 U.S.C. 1722(b); Federal Civil Defense Act of 1950, 50 U.S.C. p. 2281i; National Capital Transportation Act of 1965, 40 U.S.C. 682(b)(4); Delaware River Basin Compact (Sec. 15.1, 75 Stat. 714, Pub. L. 87-328); Energy Security Act, 42 U.S.C. 8701 note.

Treatment
The contractor, or any firm, corporation, partnership, or association in which the contractor has a substantial interest is ineligible to receive any contract or subcontract for work subject to the labor standards provisions of any of the listed statutes. Debarment is for a period determined by the Secretary of Labor, not to exceed three years, to terminate on the date shown.
H

Cause
The convicted individual or entity listed under this code is subject to restrictions on its eligibility to participate in the Federal procurement (contracts and subcontracts) and non-procurement (assistance, loan and benefits, etc.), pursuant to section 306 of the Clean Air Act, 42 U.S.C. 7606, or section 508 of the Clean Water Act, 33 U.S.C. 1368, and Executive Order 11738. These restrictions require the award official to determine the ownership, lease and supervisory status of the bidder, offeror, applicant or potential benefit recipient, at the time of award, with respect to the violating facility and whether the award will be performed at that facility.

Treatment
The convicted individual or entity is ineligible for award of a Federal contract, subcontract, assistance, loan, sub-agreement, or other benefit if he, she or it: 1. owns, leases or supervises the designated violating facility at the time of award; and 2. will perform any part of the award at the violating facility. This ineligibility applies unless the head of the Federal agency has exempted the award from this prohibition (see 40 CFR 32.215(b)), or the EPA Debarring Official has certified that the conditions that gave rise to the conviction have been corrected. For more information about ineligibility under this cause and treatment code, please call the designated contact person for the Environmental Protection Agency.
H1

Cause
For more information, please call the EPA point of contact listed under "View Agency Contacts".

Treatment
For more information, please call the EPA point of contact listed under "View Agency Contacts".
I

Cause
Declared ineligible based on a finding by the Assistant Secretary of Defense (Force Management Policy), under Section 558 of the National Defense Authorization Act for Fiscal Year 1995 (P.L. 103-337), that the institution of higher education has a policy of denying or preventing military recruitment on campus.

Treatment
Listed institutions of higher education are ineligible to receive any Department of Defense (DoD) funding through any contract, grant, or cooperative agreement entered into by any Federal agency. Therefore, Federal agencies shall not: (1) award any contract, grant, or cooperative agreement using DoD funds to such institutions; (2) consent to any subcontract or any subaward of DoD funds to such an institution under any contract, grant or cooperative agreement, if such subcontract or subaward requires the agency's consent; or (3) make any further payment of DoD funds under any existing contracts, grants or cooperative agreements, once an institution has been determined to be ineligible. Contact the Office of the Assistant Secretary of Defense (Force Management Policy) Military Personnel Policy if you need specific information concerning listed parties.
J

Cause
Debarment by an agency pursuant to Federal Property Management Regulations (FPMR) 101-45.6 for one or more of the following causes: (a) conviction of or civil judgment for fraud, violation of antitrust laws, embezzlement, theft, forgery, bribery, false statements, or other offenses indicating a lack of business integrity, (b) violation of terms of a Government contract, such as a willful failure to perform in accordance with its terms or a history of failure to perform; or (c) any other cause of a serious and compelling nature affecting responsibility.

Treatment
Contractors are excluded from receiving contracts to purchase Federal personal property, and agencies shall not solicit offers from, award contracts to, renew or otherwise extend the duration of current contracts, or consent to subcontracts with these contractors, unless the acquiring agency's head or a designee determines that there is a compelling reason for such action. Debarments are for a specified term as determined by the debarring agency and as indicated in the listing (see Note following Code K).
J1

Cause
Proposed debarment by an agency pursuant to FPMR 101-45.6 and FAR 9.405(a) for one or more of the causes listed in FAR 9.406-2.

Treatment
Same as Code J, except that proposed debarments are temporary actions. Therefore, the termination date is shown as "Indefinite" (Indef.) (see Note following Code K).
K

Cause
Suspension by an agency pending completion of investigation or legal proceedings pursuant to Federal Property Management Regulations (FPMR) 101-45.6, and based on (a) an indictment for, or adequate evidence of, the commission of fraud, antitrust violations, embezzlement, theft, forgery, bribery, false statements, or other offenses indicating a lack of business integrity; or (b) adequate evidence of any other cause of a serious and compelling nature.

Treatment
Same as for Code J. Suspensions are temporary actions and the period of suspension is indefinite. Therefore, the termination date will be listed as "Indefinite" (Indef.) (see the following Note). NOTE Debarment and suspension actions pursuant to FPMR 101-45.6 are effective only with respect to contracts for the sale of Federal property. Information as to the basis underlying such debarment or suspension action may be obtained from the agency point of contact. Contracting officials may consider this information as reflecting acts or circumstances which may have a bearing on the contractors' responsibility and which may serve as a basis for debarment or suspension from acquisition contracting by another agency.
L

Cause
Debarred by the Secretary of Labor for violation of the Walsh-Healey Public Contracts Act, 40 U.S.C. 37.

Treatment
Offers shall not be solicited from, nor contracts be awarded to, the listed contractor or any firm, corporation, partnership or association in which the contractor has a controlling interest. Debarment is for a three-year period to terminate on the date shown.
M

Cause
Sanctioned by the President or (designee) pursuant to Section 2443 of the Multilateral Export Control Enhancement Amendments Act of 1988, and Executive Order 12661.

Treatment
Departments, agencies, and instrumentalities of the U.S. Government are prohibited from contracting with, and procuring products and services from or manufactured by, the listed party. For detailed guidance concerning the scope of, and exception to, this sanction, see FAR 25.10. Debarment is for a three-year period to terminate on the date shown.
N

Cause
Debarment by an agency pursuant to FAR 9.406-2(b)(2) for violations of the Drug-Free Workplace Act of 1988, Pub. L. 100-690.

Treatment
Contractors are excluded from receiving contracts, and agencies shall not solicit offers from, award contracts to, renew or otherwise extend the duration of current contracts, or consent to subcontracts with these contractors, unless the acquiring agency's head or a designee determines that there is a compelling reason for such action. Government prime contractors, when required by the terms of their contract, shall not enter into any subcontract equal to or in excess of $25,000 with a contractor that is debarred, suspended, or proposed for debarment, unless there is a compelling reason to do so. Debarments are for a specified term as determined by the debarring agency and as indicated in the listing.
N1

Cause
Proposed debarment by an agency pursuant to FAR 9.406-2(b)(2) for violations of the Drug-Free Workplace Act of 1988, Pub. L. 100-690.

Treatment
Same as Code N, except that proposed debarments are temporary actions. Therefore, the termination date will be listed as "Indefinite" (Indef.).
O

Cause
Suspension by an agency pursuant to FAR 9.407-2(a)(4) for violations of the Drug-Free Workplace Act of 1988, Pub. L. 100-690.

Treatment
Same as Code N, except that suspensions are temporary actions. Therefore, the termination date will be listed as "Indefinite" (Indef.).


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