EPA Debarment and Suspension Contested Case Determinations

What types of actions inform suspension and debarment determinations?

There are two main types of actions that inform suspension and debarment determinations: discretionary debarments or suspensions and petitions for reinstatement from statutory ineligibility. Discretionary debarments or suspension actions are initiated by notice under 2 CFR Part 180 or the Federal Acquisition Regulation (FAR) at 48 CFR 9.4. Petitions for reinstatement from statutory ineligibility arise as a collateral consequence for criminal convictions under the Clean Water Act, 33 U.S.C. § 1151 et seq., or the Clean Air Act, 42 U.S.C. § 7401 et seq. EPA regulations governing statutory award ineligibility and supplementing 2 CR Part 180 can be found at 2 CRF Part 1532.

Applicable regulations provide that the respondent is entitled to a written resolution. Contested case resolutions may take the form of an Administrative Agreement or CWA/CAA petition for reinstatement determination. Administrative Agreements memorialize a negotiated resolution, or, in the event such a resolution is not feasible, the Debarring Official will issue a written determination setting forth his/her rationale for resolving the suspension or debarment matter. Debarment and suspension resolutions are decided based on the facts and circumstances of each case and have no precedential value.

Contested case determinations are final agency actions that set forth the information and factors considered by the Debarring Official in reaching a decision to continue or terminate a suspension or to impose or not impose a debarment. Accordingly, to the extent they may be of interest to debarment personnel, private counsel practicing in the field, and the public, EPA makes these decisions publicly available.

Where can I find EPA's debarment and suspension contested case determinations?

EPA's compiled contested case decisions from 1982 to the present are accessible through commercial electronic databases maintained by LEXIS and Westlaw. Contested case decisions can generally be found by searching “debarment decision” AND EPA, or navigating to Administrative Materials / Federal Materials / EPA, then to Office of Grants and Debarment if possible.

Where can I find EPA's debarment and suspension Administrative Agreements?

Administrative agreements are negotiated and entered in lieu of a written contested case determination. Such agreements do not ordinarily contain fact resolutions or make findings about responsibility. These agreements are posted at the Federal Awardee Performance and Integrity Information System (FAPIIS) website.