HomeResourcesAudit Database Project Compliance RecommendationsExcluded Parties List System Reviews During the Bidding and Awarding Process - FAR 9.404 - 22 CFR 208 - ADS 502.5.1b - FAR 9.405(d) - FAR 9.105-2(b)

Excluded Parties List System Reviews During the Bidding and Awarding Process - FAR 9.404 - 22 CFR 208 - ADS 502.5.1b - FAR 9.405(d) - FAR 9.105-2(b)

The FAR and CFR state that agencies are required to enter information about exclusion actions into the Excluded Parties List System database within 5 workdays after the action becomes effective (FAR 9.404(c)(3) and 22 CFR 208.520(c)). The purpose of this entry is to disseminate, in a timely manner, information on parties that are excluded from Federal awards.

Automated Directives System 502.5.1b asserts that official records must be preserved because of the informational value of evidence of an agency’s decisions. Furthermore, FAR 9.404(c)(6) requires each agency to maintain records relating to each debarment, suspension, or proposed debarment taken by the agency. Title 22 of the CFR implies a similar requirement in that agencies must be able to respond to inquiries about exclusions (22 CFR 208.525).

Specifically, FAR 9.405(d) requires that the Excluded Parties List System (EPLS) database be reviewed twice by the contracting officer—once during the bidding process, as bids and proposals are received, and again prior to the award of a contract—to make sure that no award is made to a contractor listed as excluded. Additionally, FAR 9.105-2(b) requires that documents supporting a responsibility determination, such as database reviews, be included in the contract file.

General Recommendations

  • Conduct Excluded Parties List System reviews during the bidding and awarding process and document those reviews, in accordance with Federal Acquisition Regulation 9.405(d) and 9.105-2(b).

Source: AUDIT REPORT NO. 9-000-10-001-P October 1, 2009.

The recommendations are derived from audit reports of the Office of the Inspector General. The source refers to the audit report, which is available on this site as part of the Audit Database Project: an educational tool for compliance with USAID regulations.  Please see the disclaimer of this site before using recommendations.

Tags: Awards and Contracts

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