On January 17, a final rule amending the U.S. Federal Acquisition Regulations, aimed at improving consistency between the procurement and non-procurement procedures concerning suspension and debarment, will take effect.

Changes include providing clarification regarding which mitigating and aggravating factors may apply to individuals for suspensions and debarments, clarifying that if the suspending and debarring official (SDO) extends the opportunity for the contractor to submit material in opposition, then the SDO should also give a deadline for submission of materials, and the allowance of the notice of proposed debarment, or the notice of suspension, to be sent by U.S. mail or private delivery service to the last known street address of the person or entity with delivery notification service.

Additional changes allow for the notice of proposed debarment, or the notice of suspension, to be sent by email to the point of contact email address in the contractor’s registration in the System for Award Management, if any, or to the last known email address as confirmed by the agency. The rule changes also clarify that the official record closes upon the expiration of the contractor’s time to submit information and argument in opposition, including any extensions.