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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: July 5, 2000

FROM: Barry McVay, CPCM

SUBJECT: Defense Procurement Fraud Debarment Program Guide Available

SOURCE: Federal Register, July 5, 2000, Vol. 65, No. 129, page 41490

AGENCIES: Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA), Denial of Federal Benefits Program

ACTION: Notice

SYNOPSIS: The BJA is announcing the availability of the Defense Procurement Fraud Debarment Program Guide.

DATES: The Program Guide is available as of June 30, 2000.

ADDRESSES: Denial of Federal Benefits Program, Bureau of Justice Assistance, Office of Justice Programs, Department of Justice, 810 Seventh St., NW, Washington DC 20531.

FOR FURTHER INFORMATION CONTACT: For a copy of the Defense Procurement Fraud Debarment Program Guide publication, call Robert T. Watkins, Director, Defense Procurement Fraud Debarment Program, 202-616-3507, or go to http://www.ncjrs.org/txtfiles1/bja/fs000257.txt.

SUPPLEMENTAL INFORMATION: One of the provisions of the National Defense Authorization Act of 1989 (Public Law 100-456) prohibit individuals who have been convicted of fraud or any other felony arising out of a contract with the Department of Defense (DOD) from certain forms of employment, contracting, and other activities with DOD (see Defense Federal Acquisition Regulation Supplement (DFARS) 203.570, Employment Prohibitions on Persons Convicted of Fraud or Other DOD Contract-Related Felonies). The prohibition lasts for at least five years, and a defense contractor or subcontractor who knowingly employs a such a person, or allows such a person to participate in proscribed activities, is subject to a criminal penalty of up to $500,000.

To help implement this prohibition, the National Defense Authorization Act of 1993 (Public Law 102-484) established the Defense Procurement Fraud Debarment Program (DPFD) to provide a single point of contact for DOD contractors or subcontractors to promptly confirm whether potential employees have been convicted of fraud or any other defense contract-related felony. The Attorney General delegated these point of contact duties to the Assistant Attorney General for the Office of Justice Programs, who redelegated them to the BJA, which established the Denial of Federal Benefits Clearinghouse to perform the administrative requirements of the DPFD.

The Clearinghouse maintains a list of persons who have been disqualified from contracting with DOD because of these convictions, and responds to inquiries from federal agencies, defense-related contractors, and first-tier subcontractors -- Clearinghouse staff is available at 202-616-3507. In addition, the Clearinghouse forwards the names to the General Services Administration (GSA) for inclusion in the List of Parties Excluded from Federal Procurement or Nonprocurement Programs (which is available on the Internet at http://epls.arnet.gov).

The Program Guide explains the statutory history of the prohibitions, the prohibited activities and sanctions, definitions, the functions of the Clearinghouse, and points of contact.

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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