The US District Court for the District of Columbia has just published an order ending IRD’s suspension, and that the suspension was void ab initio (as if it never happened). This is a tremendous development, as void ab initio is an unique remedy reserved for truly egregious conduct and the ruling erases the suspension from
Suspension & Debarment
Additional coverage of the IRD suspension temporary termination
Devex story: https://www.devex.com/news/usaid-lifts-ird-s-suspension-says-change-is-on-the-way-86406
PubKLaw initial coverage: https://www.pubklaw.com/usaid-lifts-suspension-changes-policy-after-ird-lawsuit/
*Breaking* USAID terminates IRD suspension and commits to re-reviewing the record
In a fascinating development, yesterday’s filing by DoJ in the IRD APA suit to enjoin its suspension announced:
1) that the IRD suspension had been lifted temporarily;
2) that the USAID SDO would move to a different location within the agency; and,
3) that the full record (presumably wtih new mitigation material) will be examined…
Quoted in Devex re IRD suspension lawsuit
I had the good fortune to speak with Molly Anders (twitter https://twitter.com/mollyanders_dev) at Devex, a publication focused on international development, concerning IRD’s APA case seeking to enjoin its suspension by USAID. The focus of the discussion is, if what IRD says in its suit is true, does the company have a chance at overturning…
The biggest danger to contractors/awardees isn’t debarment, it’s debarment journalism
Forbes published an article entitled “Is BP Too Big to Punish” on August 31, 2014 with a simple thesis — BP hasn’t been punished and isn’t paying enough for the Deepwater Horizon blowout. The article also covers debarment — as punishment of course, never mind that isn’t the intent of debarment — and wonders briefly …
For those interested in World Bank debarments
The World Bank published a lessons learned paper on Bank debarment efforts in recent years. Interesting reading, especially the Sentencing Guidelines-like aggravating and mitigating factors and the exceptionally detailed breakdown of cases.
http://siteresources.worldbank.org/EXTOFFEVASUS/Resources/OSDReport.pdf
Debarments Coming for Wage/Hour Violations? Executive Order on the Way.
The New York Times just reported that President Obama will sign an Executive Order requiring companies to disclose wage and hour law violations over the previous three years, and will then encourage agencies not to contract with companies that violate these laws.
This likely means that the online representations and certifications that contractors complete through…
Quoted in Today’s LAW360 on the GAO Debarment Audit and its impacts on SUSPEND Act
Quoted in Today’s LAW360 on the GAO Debarment Audit and its impacts on SUSPEND Act
While I’m grateful for the quote, the best part of the article, in my view anyway, are the comments by my old boss, Rodney Grandon, the Air Force Suspending and Debarring Official, on what the GAO audit’s metrics mean (not…
GAO’s latest on suspension and debarment
GAO’s latest on suspension and debarment
GAO’s latest is a follow up on an older report from a few years ago showing progress in overall suspension/debarment procedures, resources and information sharing at Commerce, HHS, DoJ, State, Treasury and FEMA. It’s a good study in the lead time required to plus up government programs and reflect…
Suspension and Debarments on the Rise and Likely to Increase Further, ISDC Reports to Congress
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 FY2012 to 4,842 in FY2013. The number of case referrals to an agency’s Suspension and Debarment Officer (“SDO”) also increased from 3,700 in FY12 to 3,942 in FY13; and the number of agencies’ declinations to pursue action decreased from 200 to 154. While the trends observed in the report indicate that some agencies are making a greater effort to enhance the transparency and due process in suspension and debarment proceedings, other trends indicate that the process is potentially being used as a punitive measure.
Section 873(a)(7) of the Duncan Hunter National Defense Authorization Act for FY2009 requires the ISDC to annually provide a report of various suspension and debarment-related updates to Congress, including: (1) progress and efforts to improve the suspension and debarment system, and (2) each ISDC agency’s activities and accomplishments in the government-wide debarment system. The report focused particularly on the activities of defense agencies, as many of them “have more mature suspension and debarment programs.”
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