Terminations, Suspension & Debarment Representation

Centre’s lawyers serve as seasoned crisis counselors in sensitive suspension and debarment situations. Our objective is to quickly develop evidence in mitigation, extenuation, and rebuttal to show present contractor responsibility and to secure the best possible result with minimal personnel and business interruptions.

Suspension and debarment are discretionary adverse administrative actions which prevent private companies and individuals from participating in Federal Government contracts, subcontracts, loans, grants and other assistance programs.  Often, they can have a devastating effect on hard-working individuals or companies doing business with the Federal Government.  The effect of suspension and debarment by a Federal agency is government-wide.  Generally, contractors who are debarred or suspended are listed in the System Award Management.

Services Offered:

  • Preparation and representation during debarment hearings
  • Responses to Government investigations
  • Responses to notices of proposed suspension and debarment
  • Administrative compliance agreement negotiation and management
  • Corporate governance and compliance policies counseling
  • Responses to show cause letters or request for information (“ROI”)
  • Business ethics training and compliance
  • Mandatory Disclosure Rule guidance
  • Submission of impact evidence in judicial and other forums
  • Development of present contractor responsibility evidence

Terminations, Suspensions & Debarment FAQs

How does suspension or debarment impact my business and me?

You may not conduct business with the Federal Government for a specific period of time. You cannot act as an agent or representative of other contractors or of participants in Federal assistance programs. In addition, you may not act as an individual surety to other Government contractors. Other restrictions may also be applicable.

What are the reasons for suspension or debarment?

There are multiple reasons for suspension and debarment. They may include commission of fraud, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal laws, receiving stolen property, knowing failure to disclose violation of criminal law, and many other causes.

What is the suspension and debarment process?

The process generally starts with a Government investigation, voluntary or mandatory disclosures of alleged or suspected misconduct, or third-party reporting. Next, contractors may be immediately listed in the System Award Management as suspended or proposed for debarment. An agency Suspension and Debarment Official will make a decision based on the evidence available. Contractors may submit evidence in mitigation, extenuation, and rebuttal showing present contractor responsibility. This may also involve a meeting with the Suspension and Debarment Official.

Are there any other options short of suspension and debarment?

Yes, the agency Suspension and Debarment Official may decide not to take any adverse action based on the presentation and evidence showing that the contractor is presently responsible. The agency may also enter into an administrative compliance agreement, issue requests for information, or show cause letters.

I have additional questions about my situation. What should I do?

Feel free to contact us at 703-280-2800 for a free consultation.

Knowledge Center

Centre’s White Paper on Suspension and Debarment
Federal Acquisition Regulation
Contractor Code of Business Ethics and Conduct
Debarment, Suspension and Ineligibility
GAO Report: Agencies have Taken Steps to Improve Suspension and Debarment Programs
Guidance for Government-wide Debarment and Suspension (Non-procurement)
List of Active Debarments (Air Force)

 

Contact a Centre attorney today:

David Warner | Centre Law & Consulting David Warner – dwarner@centrelawgroup.com
Partner

David Warner is a seasoned legal counselor with extensive experience in the resolution and litigation of complex employment and business disputes. His practice is focused on the government contractor, nonprofit, and hospitality industries. David leads Centre’s audit, investigation, and litigation practices.