Suspension and Debarment

Suspension or debarment from participation in federal contracts can be a “death sentence” for a contractor that relies heavily on federal business. For this reason, contractors are afforded considerable due process, as set forth in FAR Subpart 9.4, prior to debarment.

It is critical that contractors promptly take any notice of proposed debarment as a serious matter, make it a priority to work with their counsel to correct any perceived underlying deficiencies, and invoke all of their available due process rights. The same is true for grantees under the largely comparable procedures set forth in the “Nonprocurement Suspension and Debarment Common Rule” promulgated at 2 C.F.R. Part 180.

Our attorneys are happy to assist with navigating the suspension and debarment process under FAR Subpart 9.4 or 2 C.F.R. Part 180, as well as with compliance matters relating to suppliers or subcontractors that have been suspended or debarred.

Additionally, our attorneys can assist with other contractor responsibility matters, such as questions and advice on the Contractor Performance Assessment Reporting System (“CPARS”) and addressing negative past performance information.

Representative Experience:

Successfully challenged proposed debarment of a prospective government contractor.
Successfully challenged proposed debarment of a former federal employee.

Practice Leader — Scott S. Sheffler

Partner

“Regardless of mission, understanding the strings that attach to federal funds is necessary to a grantee's long-term success.”