The challenge is shifting from a focus on the numbers of suspensions and debarments
as the prevailing metric of success, and focusing instead on promoting the larger objective of contractor responsibility.
of these companies qualifies for cross-debarment
by other multilateral development banks under the Agreement of Mutual Recognition of Debarments
that was signed on April 9, 2010.
65) This hearing focused on the findings of GAO Report 11-739, which found six of the ten federal agencies studied had few or no procurement-related suspensions or debarments
over a five-year period.
Suspensions and debarments
made up about 16 percent of exclusions in EPLS for fiscal years 2006 through 2010.
The Congressional Commission, frustrated over the lack of debarments
and suspensions, and apparently unable to obtain honest answers, now wants the military to provide "written rationales" for each instance in which corrupt contractors are not suspended or debarred.
Maloney proposed that criminal and civil judgments should be grounds for suspension or debarment
, but that provision was removed from the final bill.
The federal government annually takes suspension and debarment
actions against hundreds of contractors and individuals.
There are few other areas in government contracting, perhaps excluding suspension and debarment
, that have received this amount of attention, but generated so little guidance.
122 jointly recognized debarments
among multilateral development banks (MDBs) that signed the Cross Debarment
For fiscal years 2006 through 2010, about 4,600 cases--about 16 percent of all cases in EPLS--involved suspension and debarment
actions taken at the discretion of agencies against firms and individuals based on any of the numerous causes specified in either the FAR or NCR, such as fraud, theft, or bribery or history of failure to perform on government contracts or transactions.
It will record suspensions and debarments
, whether contracts have been terminated for cause, and any previous finding by contracting officials that a company does not have a satisfactory record of integrity and business ethics.
It is important to remember that Suspensions and Debarments
are not to punish contractors for misconduct or contract failures.