Humans developed shields to protect from weapons. By analogy, strong compliance may mitigate or protect from various enforcement tools in the arsenal of the U.S. Government. Since at least the Civil War, the U.S. Government has been utilizing criminal penalties, civil liabilities, and administrative and contractual remedies to deter and punish procurement misconduct. Recently, the various Federal Agencies have been utilizing suspension and debarment as its tool of choice to exclude contractors, who are deemed not presently responsible, from doing business with the U.S. Government.
Our experience shows that by having an active compliance program, many contractors are likely to avoid suspension and debarment even when there is some evidence of misconduct. This is because contractors with strong internal checks and controls are more likely to discover the misconduct early and take appropriate actions quicker, before the misconduct becomes so serious as to question their present responsibility.
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