EPA Debarment and Suspension Contested Case Determinations

What form do EPA's debarment and suspension determinations take?

EPA has, essentially, two types of actions: discretionary debarment or suspension actions initiated by notice under 2 CFR Part 180 or the Federal Acquisition Regulation at 48 CFR 9.4; and petitions for reinstatement from the statutory award ineligibility arising as a collateral consequence of a criminal conviction 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 CFR Part 180 can be found at 2 CFR Part 1532.

Applicable regulations provide that the respondent is entitled to a written resolution. Contested case resolutions may take one of two forms: either an administrative agreement memorializing a negotiated resolution, or, in the event such a resolution is not feasible, a written determination setting forth the debarring official's rationale for deciding the debarment or suspension action or non-action, or the CWA/CAA petition for reinstatement determination. 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 Exit and Westlaw Exit.

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 posted at the Federal Awardee Performance and Integrity Information System site.

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