- Bid Protests
- Corporate Issues, Mergers & Acquisitions, and Due Diligence
- Cost Accounting and Cost Allowability
- Crisis Management for Government Contractors
- Data Rights and Protection of Contractor Trade Secrets
- Employment Issues in Government Contracting
- Ethics Advice & Compliance Audits and Plans
- Expeditionary Contracting in the Mideast and Southwest Asia
- Export Controls, Foreign Corrupt Practices Act, Buy American Act, and Trade Agreement Act
- Government Claims and Terminations
- GSA Schedule and Commercial Item Contracts
- Health Care Contracting
- Internal Investigations and False Claims Act
- Regulatory and Legislative Counseling
- Requests for Equitable Adjustment, Claims, and Disputes Litigation
- Small Business
- State and Local Procurement Law
- Suspension and Debarment
- Teaming Arrangements, Strategic Alliances, and Subcontracting
Suspension and Debarment
A contractor’s “present responsibility” status is its most important asset. Suspension, proposed debarment, or debarment from government contracting of an individual, business unit, or corporate entity can have catastrophic business impacts, precluding that individual, unit, or entity from receiving working on, or competing for government contracts potentially for years. Moreover, under the FAR’s internal compliance program and mandatory disclosure requirements (Ethics Advice & Compliance Audits and Plans), contractors bear the burden of self-policing and self-reporting their own activities or risk damaging their reputations as responsible contractors.
Wiley Rein Government Contracts attorneys regularly advise contractors facing threatened suspension and debarment, earning a reputation for forthrightness, steady guidance, and integrity. We have worked extensively with Department of Defense (DOD) and civilian Suspension and Debarment Officials (SDOs) to prevent, negotiate, and resolve suspension and debarment actions as well as threatened actions. Our clients have included contractors of all sizes, from major defense contractors and large commercial companies with smaller government contracting footprints to small businesses and individuals.
We have assisted clients in responding to show-cause notices; advocated for contractors facing potential suspension or debarment in meetings, negotiations, and presentations to agency debarring officials; negotiated administrative agreements to avoid suspension and debarment; and worked with contractors to shore up compliance practices in response to threatened suspension or debarment.
Representative experience includes:
- Major government contractor’s office proposed for debarment: Conducted extensive internal investigation while negotiating a comprehensive administrative agreement with responsible agency SDO, which ultimately lifted the proposed debarment. Wiley Rein also assisted the contractor in implementing internal investigation and compliance functions to allow compliance with the administrative agreement.
- Foreign company proposed for debarment: Assisted with preparation of initial submission to SDO and a meeting between the SDO and company executives. After the meeting, the proposed debarment was immediately lifted.
- Major government contractor accused of procurement fraud: Negotiated contract amendments, a comprehensive administrative agreement, and settlement agreements with various agencies of the government, ultimately leading to the lifting of suspension against the contractor.
- Major government contractor accused of contract mischarging: Responded to a notice of intent to suspend or debar the contractor. After providing a detailed factual response and evidence of current responsibility, the government chose to forgo further administrative action.
- Government contractor debarred by World Bank: Represented contractor before responsible U.S. government SDO, which declined to suspend or propose debarment for the contractor based on the facts underlying the World Bank debarment.
- Contractor employee accused of ethical misconduct: Guided contractor through disclosure to agency of employees’ ethical issues with no suspension, debarment, or other sanctions and assisted in development of contractor compliance program and training.
- Contractor accused of violating conflict of interest regulations: Assisted in developing administrative agreement and compliance program to enable contractor to continue federal contracting.
- Contractor accused of providing illegal gratuities to procurement officials: Negotiated an administrative agreement, avoiding debarment.
- Contractor accused of violating Procurement Integrity Act “revolving door” provisions: Assisted contractor and an employee in responding to SDO investigation, negotiating administrative agreement, and successfully completing the term of the administrative agreement without incident.
*Not admitted to the DC bar. Supervised by the principals of the firm.
News & Insights
News & Insights
- March 3, 2015 | ArticleBloomberg BNA's Federal Contracts Report
- Winter 2015 | ArticleThe Procurement Lawyer
- August 15, 2014 | Media MentionLaw360
- May 15, 2014 | Arlington, VA | EventAdministrative Agreements - A View From the OutsideU.S. Navy OGC Symposium
- April 30, 2014 | AlertTime to Pay the Piper: Department of Labor Imposes a Three-Year Debarment for Violations of the Service Contract Act
- April 15, 2014 | ArticleBloomberg BNA's Federal Contracts Report
- April 1, 2014 | McLean, VA | EventWhen You’ve Taken a Body Blow – What Suspension and Debarment Officers Look ForWMACCA Conference: Avoid Being an April Fool – Government Contract Compliance to Put You in First Place, and Keep You Off the Front Page
- March 31, 2014 | Alert
- March 20, 2014 | Alert
- January 8, 2014 | Alert
- December 12, 2013 | EventSuspension and Debarment in Government ContractingFederal Publications Seminars
- August 12, 2013 | San Francisco, CA | EventCompliance Programs to Manage Changing Enforcement RisksABA's Section of Public Contract Law 2013 Annual Meeting
- June 3, 2013 | Media MentionLaw360
- January 8, 2013 | ArticleBloomberg BNA's Federal Contracts Report
- November 8, 2012 | ArticleGovernment Contracts Law360
- Fall 2012 | ArticleSuspension and Debarment: Trends and PerspectivesThe Procurement Lawyer, Vol. 48, No. 1
- August 7, 2012 | AlertGoing Low: Ninth Circuit Holds that False Estimates and Fraudulent Underbidding Can Lead to False ClaimsGovernment Contracts Law360By Jon W. Burd
- June 12, 2012 | Press Release
- June 7, 2012 | Press Release
- April 27, 2012 | Press Release
- April 18, 2012 | Press Release
- February 7, 2012 | Media MentionGovernment Contracts Law360
- February 1, 2012 | Press Release
- January 3, 2012 | Press Release
- December 21, 2011 | AlertReintroduced Bill Would Automatically Propose for Debarment Any Person That Violates the Foreign Corrupt Practices Act
- November 23, 2011 | Press Release
- June 13, 2011 | Press Release
- June 10, 2011 | Press Release
- May 26, 2011 | AlertProposed Amendment Would Automatically Propose for Debarment Any Contractor That Violates the Foreign Corrupt Practices Act
- May 3, 2011 | Press Release
- March 11, 2011 | ArticleLaw360
- March 2, 2011 | Press Release
- February 23, 2011 | Washington, DC | EventWest Government Contracts Year in Review Conference
- February 15, 2011 | Press Release
- February 1, 2011 | Washington, DC | EventKnowing How the Government Is Applying the False Claims Act and Other Civil and Criminal Statutes to Battlefield SituationsAmerican Conference Institute
- January 1, 2011 | Washington, DC | EventIssues Related to Corporate MonitorsAmerican Bar Association
- December 29, 2010 | Press Release
- October 19, 2010 | Press Release
- June 14, 2010 | Press Release
- May 13, 2010 | Press Release
- April 30, 2010 | Press Release
- November 24, 2009 | Press Release
- July 7, 2009 | Press Release
- June 16, 2009 | Press Release
- June 12, 2009 | Press Release
- June 4, 2009 | Press Release
- June 23, 2008 | Press Release
- October 29, 2007 | Press Release
- June 20, 2007 | Press Release
- April 9, 2007 | Press Release
- September 14, 2006 | Press Release
- June 8, 2006 | Press Release
- March 29, 2005 | Press Release
- December 6, 2004 | Press Release
- November 2, 2004 | Press Release
- May 20, 2002 | Press Release
- December 22, 2000 | Press Release