FAR Council Proposes Changes To Harmonize Procurement And Nonprocurement Suspension And Debarment Rules

WHAT: On January 9, 2024, the Federal Acquisition Regulation (FAR) Council published a proposed rule to amend the FAR to improve consistency between the procurement and nonprocurement rules on suspension and debarment. The proposed rule adds to the FAR certain language and requirements from the Nonprocurement Common Rule (NCR), found in 2 C.F.R. Part 180 and applicable to nonprocurement actions such as grants, cooperative agreements, and assistance contracts, and also incorporates existing "best practices" within both suspension and debarment systems that are currently not in the FAR. Important changes include adding seven NCR factors that suspending and debarring (S&D) officials may consider to the FAR's existing "mitigating factors" and definitions for tools S&D officials may use for increased flexibility in resolving responsibility concerns, such as the pre-notice letters and administrative agreements. One important potential change is not proposed, however: The