41 C.F.R. § 102-117.290 What is the difference between temporary nonuse, suspension and debarment?
Title 41 - Public Contracts and Property Management
(a) Temporary nonuse is limited to your agency and initiated by the agency transportation officers for a period not to exceed 90 days for: (1) Willful violations of the terms of the rate tender; (2) Persistent or willful failure to meet requested packing and pickup service; (3) Failure to meet required delivery dates; (4) Violation of Department of Transportation (DOT) hazardous material regulations; (5) Mishandling of freight, damaged or missing transportation seals, improper loading, blocking, packing or bracing of property; (6) Improper routing of property; (7) Subjecting your shipments to unlawful seizure or detention by failing to pay debts; (8) Operating without legal authority; (9) Failure to settle claims according to Government regulations; or (10) Repeated failure to comply with regulations of DOT, Surface Transportation Board, State or local governments or other Government agencies. (b) Suspension is disqualifying a TSP from receiving orders for certain services under a contract or rate tender pending an investigation or legal proceeding. A TSP may be suspended on adequate evidence of: (1) Fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a contract for transportation; (2) Violation of Federal or State antitrust statutes; (3) Embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and (4) Any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of the TSP as a transporter of the Government's property or the HHG of its employees relocated for the Government. (c) Debarment means action taken to exclude a contractor from contracting with all Federal agencies. The seriousness of the TSP's acts or omissions and the mitigating factors must be considered in making any debarment decisions. A TSP may be debarred for the following reasons: (1) Failure of a TSP to take the necessary corrective actions within the period of temporary nonuse; or (2) Conviction of or civil judgment for any of the causes for suspension.
Title 41: Public Contracts and Property Management
PART 102–117—TRANSPORTATION MANAGEMENT
Subpart I—Transportation Service Provider (TSP) Performance
§ 102-117.290 What is the difference between temporary nonuse, suspension and debarment?
