Suspension and Debarment
Debarment and suspension are two of the most powerful weapons in the government's enforcement arsenal, because they generally prohibit a contractor or grantee from receiving new government prime and subcontracts and grants. Our lawyers have assisted clients in numerous industries—including defense and aerospace, energy, information technology, and pharmaceutical products—in resolving complex debarment and suspension issues. We have helped clients demonstrate that they are presently responsible contractors or grantees, and we have assisted them in negotiating administrative agreements to resolve cases short of actual suspension or debarment. When necessary, we also have challenged improper suspensions in federal court. Our experience includes dealing with the suspension and debarment offices of numerous agencies, including the Army, the Air Force, the Navy, GSA, EPA, HHS, USAID, and the CIA.
- A large IT contractor in demonstrating present responsibility following a settlement of SEC fraud allegations.
- A technology hardware company where we successfully resolved a qui tam suit and negotiated a favorable administrative agreement to avoid suspension or debarment, arising out of alleged gifts and gratuities.
- FedBid in investigating allegations of wrongdoing in a report by the VA Office of Inspector General and in responding to a notice of proposed debarment by the Air Force. Negotiated an administrative agreement to resolve the proposed debarment in three and a half weeks.
- Inchcape Shipping Services in obtaining a temporary restraining order against a Department of the Navy suspension order.
- BP with respect to government suspension and debarment issues arising from the Deepwater Horizon incident.
- An international aerospace company response to an Air Force notice showing cause when it should not be suspended or debarred, arising out of alleged improper payments to foreign officials.
- Two different private security companies to avoid suspension/debarment issues with the USAID SDO related to their performance of contracts in Southwest Asia.
- A private equity fund in negotiating an administrative agreement with the Air Force SDO for one of its portfolio companies to resolve suspension/debarment issues arising from allegations of criminal fraud associated with disaster cleanup activities.
- A medical supply company in avoiding suspension/debarment by the GSA SDO after resolving a civil False Claims Act case involving alleged mispricing under the company's GSA schedule contract.
- A small veterans-owned business in avoiding suspension/debarment by the Air Force SDO based on allegations that the client failed to cooperate with a DCAA audit.