The ISDC Issues Annual Report on Federal Suspension and Debarment Activities and Trends

On April 18, 2022, the Interagency Suspension and Debarment Committee (ISDC) issued its annual report to Congress on federal suspension and debarment activities for Fiscal Year (FY) 2020. During FY 2020, the ISDC continued to focus on promoting the fundamental fairness of the suspension and debarment process, increasing transparency and consistency, enhancing suspension and debarment practices and alternatives, and encouraging more effective compliance and ethics programs by government contractors and nonprocurement participants. The ISDC also formed a subcommittee to provide recommendations and assistance to the Federal Acquisition Regulatory (FAR) Counsel drafting team to better align suspension and debarment procedures in the FAR with the Nonprocurement Common Rule (NCR).

Despite the COVID-19 pandemic, the report notes that the number of debarments in FY 2020 increased from FY 2019. However, suspensions, proposed debarments, and referrals of new matters all decreased, which was a result of several factors, including delays in mail service, travel restrictions, and postponements in court proceedings. With the exception of pre-notice letters, the metrics also indicate that agencies relied more heavily on alternatives to suspension and debarment, such as administrative agreements, voluntary exclusions, post-notice engagements, and declinations. Notably, the agencies that executed alternatives to suspension and debarment varied from FY 2019, demonstrating that the government applies administrative remedies based on the particular facts presented in each case.