Federal, state, and local governments have the power to refuse to do business with contractors they deem not responsible. This refusal typically takes the form of suspension, which is temporary, or debarment, which is for a set period of time. Contractors that are suspended or debarred are generally precluded from receiving certain government contracts, subcontracts, grants, loans, and other types of government assistance. Suspended and debarred companies also are often excluded from participation in certain government programs and from receiving certain government permits and licenses. Contractors that face potential suspension or debarment require skilled and experienced counsel to advise and represent them to avoid the severe, and potentially fatal, consequences of suspension and debarment. Examples of our experience with suspension and debarment include:
- Represented a multinational logistics company in a Department of Labor investigation into compliance with the Service Contract Act, advising on the potential for mandatory debarment and avoiding a debarment proceeding altogether.
- Advised a major pharmaceutical company on the potential for suspension and debarment from government contracting and government programs in the event of criminal indictment or conviction.
- Counseled a manufacturing company on navigating the suspension and debarment process, including the negotiation of an administrative agreement with the U.S. Environmental Protection Agency (EPA).
- Advised a small business in responding to a show-cause notice issued by the General Services Administration (GSA) suspension and debarment official (SDO).
- Assisted clients in preparing and submitting present responsibility submissions and representing companies and individuals in present responsibility hearings to U.S. federal government agencies, including the U.S. Department of the Air Force, U.S. Department of the Navy, U.S. Department of Energy, GSA, and Environmental Protection Agency.
- Advised a multinational technology, strategy, and outsourcing firm doing business in the U.S. and 55+ countries on the debarment regimes in various countries around the world, including the U.S., Canada, UK, France, Australia, and Brazil.