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Suspension & Debarment/ Agency Protests

The Suspension & Debarment and Agency Protests Division (S&DAP) processes suspension and debarment cases, issues agency protest decisions, and handles task order and metrication Ombudsmen complaints, justification and approval requests, sole source approvals, requests for waivers and organizational conflict of interest issues.  The Division also handles a variety of special projects as assigned by the Senior Procurement Executive and Deputy Chief Acquisition Officer.    

The Division provides direct support to:   

  • Maria Swaby (202-208-0291), GSA’s Suspension & Debarment Official and Agency Protest Official
  • GSA’s Senior Procurement Executive

Suspension & Debarment Official (SDO)

The GSA SDO reviews recommendations made by the S&DAP Division and makes decisions to take administrative actions such as suspension or debarment, based on Reports of Investigation submitted by GSA’s Office of Inspector General  and other sources, such as the media and disclosures from contractors to the SDO.  The SDO provides notice to investigated contractors regarding the grounds for any administrative action such as suspension or debarment.  Referred companies and individuals are given an opportunity to respond before the SDO makes a final decision under FAR 9.4.  Contractors found not to be presently responsible (in accordance with FAR criteria) are suspended or debarred and listed on the System for Award Management (SAM).

Agency Protest Official (APO)

Government contractors may protest a GSA procurement action to the GSA APO through the Contracting Officer.  The APO’s authority is derived from FAR 33.1 and GSAM 533.1.  Disputes before the APO are normally resolved in a more timely manner than disputes presented to the Government Accountability Office due to the FAR’s 35-day rule regarding agency protests (see FAR 33.103(g)).

Senior Procurement Executive (SPE)

The S&DAP Division supports the SPE by reviewing and advising him on the following:

  • Justification and Approval Requests.
  • Sole Source Approvals.
  • Requests for Waivers for Federal Acquisition Regulation (FAR) and General Services Acquisition Manual (GSAM).
  • Task and Delivery Order Ombudsman complaints.
  • Construction Metrication Ombudsman complaints.
  • Agency Competition Advocate concerns.
  • Organizational Conflict of Interest issues.

Determinations of Eligibility to Use GSA Sources of Supply

The S&DAP Division also makes Determinations of Eligibility for entities to use GSA Sources of Supply. S&DAP receives requests from various entities to determine whether they are eligible to use GSA Sources of Supply (including, but not limited to, GSA Schedules, FEDFLEET, City Pairs, FEDROOMS).  

An organization’s eligibility to use GSA sources of supplies and services is determined according to GSA Order ADM 4800.2H, Eligibility to Use GSA Sources of Supply and Services.

All entities requesting eligibility determinations must complete the information listed below and send to james.tsujimoto@gsa.gov.
 

In order for GSA to determine whether your organization is eligible to use GSA sources, you must submit the following relevant information:

  1. A statement regarding the type of entity your organization is.  (Ex. state or local government, non-profit organization, etc.)  
  2. Authority, statutory or otherwise, and/or other supporting documentation that shows that your organization is the type of entity that you state it is;
  3. The GSA source your organization seeks to use. (Ex: Cooperative Purchasing under Schedules 70 and 84); and
  4. Any additional information, limited to one page, that supports a determination that your organization is eligible to use GSA sources and/or the specific GSA source it seeks to use.

 


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