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Category Archives: Suspension & Debarment

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OMB and DoL Direct Agencies to Appoint Labor Compliance Advisors Pursuant to “Fair Pay” EO

Posted in Employment, Ethics & Compliance, Labor, Responsibility, Suspension & Debarment
On March 5, OMB and DoL circulated a Memorandum to federal agencies regarding the “Fair Pay and Safe Workplaces” Executive Order (previously discussed here, and here), providing “guidance” with respect to the Labor Compliance Advisor role created by the EO, and directing agencies to designate within 90 days a senior-level official to serve as LCA. … Continue Reading

Suspension and Debarments on the Rise and Likely to Increase Further, ISDC Reports to Congress

Posted in Suspension & Debarment
On March 5, the Interagency Suspension and Debarment Committee (“ISDC”) released a consolidated report to Congress on suspension and debarment developments for FY12 and FY13. Issued in the face of continued legislative pressure to utilize suspension and debarment, the report documents an overall rise in the number of suspensions and debarments – from 4,639 in… Continue Reading

Eleventh Circuit Allows Suspension of Affiliates To Exceed 18 Months

Posted in Suspension & Debarment
In Agility Def. & Gov’t Servs. v. Dep’t of Def., the Eleventh Circuit reversed an Alabama district court ruling and held that under the Federal Acquisition Regulation (FAR), when the government suspends a contractor, it may suspend affiliates of that contractor for more than 18 months based solely on its affiliation with the contractor as… Continue Reading

OPM Issues Notice of Written Suspension and Debarment Policy

Posted in Suspension & Debarment
On February 21, 2013, the Office of Personnel Management ("OPM") issued a notice in the Federal Register of its intent to adopt the policies and procedures set forth in the Federal Acquisition Regulation ("FAR") at Subpart 9.4 concerning debarment, suspension, and ineligibility of government contractors. Because OPM’s procurement rules are not contained in the Code of… Continue Reading

C&M Lawyers Conduct Live Webinar on Suspension and Debarment on Thursday, August 9

Posted in Suspension & Debarment
  On Thursday, August 9, 2012 at 1:00 p.m. (Eastern time), Crowell & Moring government contracts attorneys Richard Arnholt and Alexina Jackson will conduct a webinar entitled “Suspension and Debarment: Increased Enforcement Calls for Increased Attention to Compliance” in conjunction with L2 Federal Resources. During this 90-minute webinar, C&M’s experts will provide an overview of… Continue Reading

DOJ IG Notes Issues With Implementation of Statutory Debarment Authorities

Posted in Suspension & Debarment
In a June 2012 audit report, the Department of Justice Inspector General notes widespread problems with DOJ’s administration of two types of statutory debarments. The lengthy report, along with the responses from various DOJ divisions, highlight the continued attention being paid to suspension and debarment by federal agencies and the significant efforts being made to… Continue Reading

Increased Debarment for Small Business Misrepresentations?

Posted in Small Business, Suspension & Debarment
Section 1683 of the 2013 National Defense Authorization Act, H.R. 4310, as approved last week by the House Committee on Armed Services, proposes an amendment to the Small Business Act to clarify that misrepresentation as to small business status in order to obtain certain prime contracts or subcontracts is an independent basis for suspension or… Continue Reading

Rehabilitation Or Punishment? — The Evolution of Suspension and Debarment

Posted in Suspension & Debarment
Recent legislative trends appear to be squarely at odds with the stated purpose of suspension and debarment. The Federal Acquisition Regulation (FAR) describes a process focusing on “present responsibility,” an express acknowledgement of the potential for contractor rehabilitation, providing discretion to the suspension and debarment official (SDO) to determine the proper outcome of a contractor’s misconduct. Fiscal Year… Continue Reading

Suspension and Debarment – Why can’t you be more like the Air Force?

Posted in Suspension & Debarment
Although not conveyed in those exact words, that sentiment was expressed at several points by Chairman McCaskill during a hearing on April 17 before the Senate Ad Hoc Subcommittee on Contracting Oversight of the Homeland Security and Governmental Affairs Committee on The Comprehensive Contingency Contracting Reform Act of 2012 (S. 2139). Why? Because the Air Force suspends and debars more… Continue Reading

Attempting to Broaden the Mandatory Suspension & Debarment Net: McCaskill – Webb Senate Bill 2139

Posted in Suspension & Debarment
In January and February, my colleague, Bob Wagman, wrote about complications related to provisions on suspension and debarment in the Consolidated Appropriations Act of 2012 (Pub. L. 112-74) (1/18/12) (2/23/12). The provisions in the 2012 Appropriations Act were all premised on the conviction of a corporation (or in certain provisions, its officer or agent) of a felony criminal… Continue Reading

Suspension and Debarment – What have they done now?

Posted in Suspension & Debarment
Guaranteed to create uncertainty, the Consolidated Appropriations Act of 2012 (Pub. L. 112-74), which President Obama signed into law on December 23, 2011 (the “Act”), included several little-noticed provisions generally excluding the use of federal funds for any corporation convicted of a felony within the past 24 months. All of these provisions establish a unique procedure… Continue Reading

Weeding Out Bad Contractors — The Government’s Push to Enhance its Suspension and Debarment Function

Posted in Suspension & Debarment
It should come as no surprise to those involved in the federal procurement marketplace that, under the Obama administration, the Government has sought to strengthen accountability in government contracting, and, to that end, has resorted to a number of tools in the Government’s arsenal for combating fraud, waste, and abuse. The latest such effort is… Continue Reading

A Government Suspension Notice is Not the Time to Start Wondering if Your Small Business Contracting Relations Pass Muster

Posted in Suspension & Debarment
The big news Friday afternoon and over the weekend was the Small Business Administration’s decision to suspend GTSI—a major government contractor – from receiving new government orders. While the notice of suspension is not yet publicly available, the Washington Post reported that the suspension stems from the government’s view that GTSI engaged in improper relationships with… Continue Reading

Contractors Should Be Aware of Possible Increase in Suspensions and Debarments

Posted in Suspension & Debarment
Contractors, regardless of size and no matter how “indispensable” they think they are to their Government customers, should be prepared for a possible up tick in suspension and debarment (S/D) activity in the next year. Congress has taken an increased interest in S/D, requiring in the FY 2009 DoD Authorization Act that the Interagency Committee… Continue Reading