WHY AM I BEING DEBARRED AND WHAT DOES DEBARRED MEAN?
Debarment is a way for the federal government to protect itself from irresponsible, untrustworthy contractors. It is meant to exclude entities that are not found to be presently responsible. Such a designation can be destructive to one’s career, business, reputation, and other unexpected areas of life. Anyone who receives this designation must be crystal clear on what their next steps must be. In the administrative maze of the Department of Defense (DoD), it’s best to have a guide with a long-standing reputation of success like The Edmunds Law Firm.
FAR 9.406(C) states that contractors and subcontractors can be debarred “based on any other cause of so serious or compelling a nature that if affects the present responsibility of the contractor or subcontractor.” Notably, however, none of the listed causes necessitate automatic Debarment. Instead, each instance is to be considered on a case-by-case basis by the Suspension and Debarment Official (SDO) of the appropriate agency. That is why it is important to get in front of an issue with the help of an experienced Security Clearance attorney such as Alan Edmunds.
The standard for Debarment is whether a current or proposed contractor is presently responsible. The key word here is “presently.” This indicates Debarment is not to be used for punishment, but rather to safeguard national security interests. The Department of Justice is responsible for legal questions and punishment.
What could deem a contractor irresponsible? Under the Federal Acquisition Regulation (FAR), Subpart 9.4, “Debarment, Suspension, and Ineligibility,” examples include fraud that relates to a public contract or subcontract; violations of anti-trust statutes relating to submitting offers; embezzlement, forgery, theft, bribery, falsification, or destruction of records; delinquency of federal taxes; and one important catchall.
At the Edmunds Law Firm, we are known for successfully handling even the most complicated and involved national security matters. No matter what stage of the process you need help with, even if you are just starting to ask what being disbarred even means, our Security Clearance lawyers can help you.
Don’t do this yourself! Call us today at 800.481.2562.