Federal Government Contract Law Firm Helps Government Contractors understand Debarment and Suspension Enforcement
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When a government agency, conducting an investigation of potential misconduct by a contractor, concludes that there is sufficient evidence of misconduct, the agency will issue a notice of suspension and proposed debarment. A suspension is a temporary measure pending outcome of an investigation or formal legal proceeding. A debarment is a final determination that a contractor is not responsible to perform on government contracts. Debarment can be devastating to a business, but it is not the only possible outcome if you’ve been notified. The Whay Law firm has the government contracting experience and expertise to assist you in obtaining the best possible outcome.
Understanding the Enforcement Process For Bidding on Government Contracts
When a government agency, conducting an investigation of potential misconduct by a contractor, concludes that there is sufficient evidence of misconduct, the agency will issue a notice of suspension and proposed debarment. A suspension is a temporary measure pending outcome of an investigation or formal legal proceeding. A debarment is the final determination that a contractor is not responsible to execute work on government contracts. While debarment is not the only outcome of a negative finding, a contractor who has been suspended or debarred is excluded from government contract awards, either as a lead- or sub-contractor. The effect of suspension or debarment on a business can be devastating.
The Office of Inspector General (OIG) for each federal agency oversees prevention of inefficient or illegal operations within its agency and is responsible for the suspension and debarment enforcement process. The OIG manages the process in accordance with the regulations of FAR Part 9.4. Although there are dozens of agency-level Inspectors General, suspensions and debarments have a government-wide reciprocal effect; suspension or debarment by one federal agency is applied with equal force to all agencies.
An agency may investigate a contractor for a variety of reasons including a contractor’s willful failure to perform in accordance with the public agreement or related statutory and regulatory requirements. During or upon conclusion of the investigation, the agency must send the contractor a formal notice of proposed action (suspension and/or debarment) and must include specific details about why debarment has been recommended, the decision-making process and the consequences of the suspension and proposed debarment. A suspension can extend for 12 months (or more, if an extension is granted), while a debarment can be imposed for up to three years.
Contact Whay Law Firm in Washington D.C.
If you have received a suspension/debarment notice (or have reason to believe you may be receiving one) contact an experienced government contracts lawyer immediately. The Whay Law firm has the experience and expertise to help you understand the mandatory procedures that protect you and your company when faced with possible damaging suspension or debarment.
