Debarment and suspension (collectively known as "exclusion") are of perennial interest to Congress because exclusion is one of the primary techniques that federal agencies use to avoid dealings with vendors who have failed, or are deemed likely to fail, to meet their obligations under federal law or government contracts. Debarred contractors are generally ineligible for new federal contracts for a fixed period of time, while suspended contractors are generally ineligible for the duration of any investigation or litigation involving their conduct. Federal law specifies various grounds for exclusion, only some of which expressly relate to procurement. The grounds and procedures for nonprocurement exclusions are outside the scope of this report. However, all persons excluded on procurement or other grounds are listed in the System for Award Management (SAM) (previously the Excluded Parties List System (EPLS)). Contracting officers are generally barred from soliciting offers from, awarding contracts to, or consenting to subcontracts with contractors who are listed as excluded in SAM. This report discusses grounds and procedures for procurement-related exclusions. In particular, it surveys the authorities requiring or allowing federal agencies to debar or suspend contractors, as well as the due process and other protections for contractors in exclusion proceedings. Contractors can currently be debarred or suspended under federal statutes or under the Federal Acquisition Regulation (FAR), an administrative rule governing contracting by executive branch agencies. There are only two explicit overlaps between the causes of debarment and suspension under statute and those under the FAR, involving debarments and suspensions for violations of (1) the Drug-Free Workplace Act of 1988 and (2) various statutes proscribing intentionally affixing a "Made in America" label to an ineligible product sold in or shipped to the United States. However, the FAR includes certain "catch-all" provisions that could potentially make the same conduct grounds for debarment or suspension under statute and under the FAR. One of these provisions authorizes debarment for "any ... offense indicating a lack of business integrity or business honesty." The other authorizes debarment or suspension for "any other cause of [a] serious or compelling nature." Some federal statutes include provisions specifying that contractors who engage in certain conduct prohibited under the statute shall or may be debarred or suspended from future contracts with the federal government. Such debarments or suspensions are often referred to as "statutory debarments" or "statutory suspensions" because they are expressly provided for in statute. They are sometimes also described as "inducement debarments" or "inducement suspensions" because they are designed to provide additional inducement for contractors' compliance with the statutes. Statutes providing for debarment and suspension often require that the excluded party be convicted of wrongdoing under the statute, but at other times, findings of wrongdoing by agency heads suffice for exclusion. Sometimes the exclusion applies only to certain types of contractors, or dealings with specified agencies (e.g., institutions of higher education who contract with the government, contracts with the Department of Defense). Most of the time, however, the exclusion applies more broadly to all types of contractors dealing with all federal agencies. Persons identified by statute—often the head of the agency administering the statute requiring or allowing exclusion—make the determination to debar or suspend contractors. Debarments last for a fixed period specified by statute, while suspensions last until a designated official finds that the contractor has ceased the conduct that constituted its violation of the statute. Generally, statutory exclusions can only be waived by a few officials under narrow circumstances. Heads of procuring agencies generally cannot waive exclusions to allow debarred or suspended contractors to contract with their agency. Table 1 surveys the procurement-related statutory exclusions presently in effect. It attempts to be comprehensive, listing all such exclusions codified in the United States Code (including as notes). It does not list any un-codified provisions that may exist. As a matter of policy, the federal government seeks to "prevent improper dissipation of public funds" in its contracting activities by dealing only with responsible contractors. Debarment and suspension promote this policy by precluding agencies from entering into new contracts with contractors whose prior violations of federal or state law, or failure to perform under contract, suggest they are nonresponsible. However, because exclusions under the FAR are designed to protect the government's interests, they may not be imposed solely to punish prior contractor misconduct. Federal courts could overrule challenged agency decisions to debar contractors when agency officials seek to punish the contractor—rather than protect the government—in making their exclusion determinations. Where grounds for debarment or suspension exist, as discussed below, any agency may act to exclude the contractor, potentially including one that does not currently have a contract with the contractor or is not the contractor's "primary" business partner. In practice, though, exclusions are most commonly initiated by the agency under or in regard to whose contract or proposed contract the alleged misconduct occurred. The FAR authorizes agency officials to debar contractors from future contracts under three circumstances. First, debarment may be imposed when a contractor is convicted of or found civilly liable for any so-called "integrity offense." Integrity offenses include fraud or criminal offenses in connection with obtaining, attempting to obtain, or performing a government contract or subcontract; violations of federal or state antitrust laws relating to the submission of offers; embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating federal criminal tax laws, or receipt of stolen property; intentionally affixing a "Made in America" label, or similar inscription, on ineligible products; and other offenses indicating a lack of business integrity or honesty that seriously and directly affect the present responsibility of a contractor or subcontractor. Second, in the absence of convictions or civil judgments, debarment may be imposed when government officials find, by a preponderance of the evidence, that the contractor committed certain offenses. These offenses include serious violations of the terms of a government contract or subcontract; violations of the Drug-Free Workplace Act of 1988; intentionally affixing a "Made in America" label, or similar inscription, on ineligible products; commission of an unfair trade practice as defined in Section 201 of the Defense Production Act; delinquent federal taxes in an amount exceeding $3,000; and knowing failure by a principal to timely disclose to the government credible evidence of (1) violations of federal criminal laws involving fraud, conflict of interest, bribery, or gratuity offenses covered by Title 18 of the United States Code; (2) violations of the civil False Claims Act; or (3) significant overpayments on the contract that occurred in connection with the award, performance or closeout of a federal contract or subcontract and were discovered within three years of final payment. Debarment can also result, under this provision of the FAR, when the Secretary of Homeland Security or the Attorney General finds, by a preponderance of the evidence, that a contractor has not complied with the employment provisions of the Immigration and Nationality Act. Third, and finally, debarment may be imposed whenever there exists "any other cause of so serious or compelling a nature that it affects the present responsibility of a contractor." Debarments last for a "period commensurate with the seriousness of the cause(s)," generally not exceeding three years. As discussed below, due process generally requires that contractors receive written notice of and the opportunity for a hearing regarding any debarment. Debarment-worthy conduct by a contractor's officers, directors, shareholders, partners, employees, or other associates can be imputed to the contractor, and vice versa. The FAR also allows agency officials to suspend government contractors when they suspect, upon adequate evidence, any of the following offenses, or when contractors are indicted for these offenses: fraud or criminal offenses in connection with obtaining, attempting to obtain, or performing a public contract; violation of federal or state antitrust laws relating to the submission of offers; embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violations of federal criminal tax laws, or receipt of stolen property; violations of the Drug-Free Workplace Act of 1988; intentional misuse of the "Made in America" designation; unfair trade practices, as defined in Section 201 of the Defense Production Act; delinquent federal taxes in an amount exceeding $3,000; knowing failure by a principal to timely disclose to the government credible evidence of (1) violations of federal criminal laws involving fraud, conflict of interest, bribery, or gratuity offenses covered by Title 18 of the United States Code; (2) violations of the civil False Claims Act; or (3) significant overpayments on the contract that occurred in connection with the award, performance or closeout of a federal contract or subcontract and were discovered within three years of final payment; and other offenses indicating a lack of business integrity or honesty that seriously affect the present responsibility of a contractor. Agency officials may also suspend a contractor when they suspect, upon adequate evidence, that there exists "any other cause of so serious or compelling a nature that it affects the present responsibility of a ... contractor or subcontractor." A suspension generally lasts only as long as an agency's investigation of the conduct for which the contractor was suspended, or any ensuing legal proceedings. It generally may not exceed 12-18 months unless legal proceedings have been initiated within that period. As discussed below, certain due process protections apply with suspensions, as with debarment. Suspension-worthy conduct can be imputed, as can debarment-worthy conduct. The FAR expressly authorizes agencies to extend debarment or suspension decisions to "affiliates" of the contractor if the affiliates are specifically named, and are given written notice of the exclusion and an opportunity to respond.