Demolition/Abatement Constracts (Folders 1-2)

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Chaptcr 4: Mcthods oC Sclcction http:!lHUU•.fta.dot.go~'fta/librat}~~admin%BPPman/scct_40.htm REQUIREMENT Executive departments and agencies shall participate in a governmentwide system for nonprocurement debarment and suspension.46 . DISCUSSION Much tike the "common grant rule" (49 CFR Part 18), the federal government has adopted a "common rule" on the government-wide eflect of debarments and suspensions. DOT's implementation of that common rule is found at 49 CFR Part 29. The policy behind this rule is that a person or entity who is debarred or suspended shatl be excluded from Federal financial and non-financial assistance and beneGts under Federal programs and activities. As stated in the regulations, debarment47 and suspension48 are serious actions which should be used only in the public interest and for the protection of the federal government and not for the purposes of punishment.49 In order to protect the public interest, it is the policy of the federal government to conduct business only with responsible persons.50 Persons who have been debarred or suspended are not "responsible" and, unless approved by the FTA, contracts will not be awarded to those persons.51 The certification required by this comimon rule must be submitted with the ot~'ers, and is also an aid to expedite the procurement process by providing critical information as to the responsibility determination that the contracting of'ficer must ultimately make.52 Best Practices The debarment and suspension certification found at Appendix B of Part 29 (and as set forth in Appendix A.6 of this manual) is mandatory for use in contracts over $100,000 involving federal funds. Include the instructions for the certification as well as the certification. Don't try to save space in your solicitation by only including the certification -- the instructions are too critical. It is recommended that you make this certification a topic at your~re-bid or pre-proposal conference if the resulting contract will exceed $104,000. Even though you request this certifieation from all offerors, failure to receive it with a bid (in the sealed bidding method of procurement) is not a responsiveness question -- this goes to a contractor's responsibility and may be received and talked about after bids are received. It must be received prior to award. The certification and regulations allow you to r~ on your contractor's certification that it is not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in your contract as an element of your responsibility determination. However, if you know that the certification is erroneous, you may not rely on the certification. The certification and regulations state that you may, but are not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs to detemune the eligibility of your contractor and its subcontractors. The List of Parties Excluded from Federal Procurement and Nonprocurement Programs is available from the General Services Administration in either a printed 23 of 45 O1/10/97 13:09:39