Suspension and Debarment

Navigating rights to address government perceptions and misperceptions about an entity’s “present responsibility.”

Suspension or debarment from participation in federal contracts and other awards can be a death sentence for a contractor or grantee that relies heavily on federal business. Feldesman attorneys help clients to leverage the due process rights available prior to debarment, by working to correct government misperceptions and aid contractors in sufficiently addressing actual deficiencies.

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 CFR Part 180.

Our attorneys are happy to assist with navigating the suspension and debarment process under FAR Subpart 9.4 or 2 CFR 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.