Suspension & Debarment
Understanding Suspension and Debarment
Suspension and debarment are tools the government uses to protect itself from the risks of doing business with contractors lacking “present responsibility.” To determine whether a federal contractor lacks present responsibility, the procuring agency’s suspension and debarment officials will analyze the contractor’s honesty, integrity, ethics, responsibility, and competence, among other things.
Contractors debarred, suspended, or proposed for debarment are excluded from competing for or receiving contracts and grants. Given the widespread business impact of these tools, it is imperative that government contractors consult experienced legal counsel throughout their business to avoid a proposed suspension, debarment, or proposed debarment and immediately upon notice of such a threatened action.
Why You Need a Debarment Lawyer
The Federal Government may debar or suspend a contractor for infractions, including embezzlement, forgery, non-performance, fraud, or other illicit behaviors. Federal contracting debarment allows the government to avoid working with irresponsible partners. Still, it can also result in significant expenses and long-term damage to the reputation of the company and the contractor.
The time limit of the suspension is a maximum of 12 months and is usually based on adequate evidence against a contractor, such as a criminal indictment. Debarment typically lasts three years and will be based upon a preponderance of evidence, such as a conviction.
When you are issued a notice of intended debarment or suspension, you are always guaranteed an opportunity to respond to the Suspension and Debarment Official (SDO). Your response to the charges brought against you is critical in your case to defend yourself.
Before you submit a response, it is essential to request a copy of all documentation relied upon by the SDO in making the initial recommendation for suspension or debarment. The contractor may also request a hearing wherein you can defend your case and advocate for reducing or nullifying your debarment or suspension.
How an FPG Debarment Lawyer Can Help
A suspension and debarment lawyer at the Federal Practice Group works one-on-one with clients to develop and implement compliance plans to mitigate the proposed suspension and debarment risk.
We believe legal services are best used as a preventative rather than a defensive measure. If suspension and debarment have been threatened, our suspension and debarment lawyers are experienced in responding to show-cause notices and negotiating possible resolutions.
We understand the devastation of suspensions and debarments on our clients’ companies. We work tirelessly to protect our clients’ reputations, limit losses, and get our clients back in business.
Contact us today to discuss your case.
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Frequently Asked Questions
Government contracting refers to the process through which federal, state, or local government agencies purchase goods and services from private businesses or individuals to fulfill their operational needs and public services.
Government contracting is regulated by various laws and regulations, including the Federal Acquisition Regulation (FAR), agency-specific regulations, the Competition in Contracting Act (CICA), the False Claims Act, and various socio-economic programs.
The FAR is a set of rules and guidelines issued by the federal government that govern the acquisition process for all executive agencies. It covers various aspects of contracting, including procurement procedures, contract administration, and contractor responsibilities.
We assist clients by reviewing and understanding relevant regulations, ensuring they have appropriate policies and procedures in place, providing training on compliance, and conducting internal audits to identify and address potential issues.
A bid protest is a formal complaint filed by a bidder or offeror who believes that a government procurement process was conducted unfairly, improperly, or in violation of procurement laws and regulations.