Government Debarment

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 gain a crystal clear understanding of the necessary next steps. 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.

Who Can Be Debarred, and Why?

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 it affects the present responsibility of the contractor or subcontractor.” Notably, however, none of the listed causes necessitate automatic Debarment. Instead, each debarment 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 Does Presently Responsible Mean in Debarment Cases?

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 debarred even means, our Security Clearance lawyers can help you.

Don’t deal with debarment alone! Call us today at 800.481.2562.

Consequences of Debarment

Debarment can have a significant impact, and not just on the current project. Some possible effects of debarment include:

• Termination of current projects
• Reputational harm
• Bar on contracting with any government agency, usually for three years
• Listing of the debarment in the government System for Award Management (SAM)
• Possible security clearance revocation or impact on eligibility for future clearance
• Loss of subcontracting opportunities on government projects

Obviously, each of these possible consequences can have a serious, even catastrophic impact on a contractor’s business–particularly if they work in an arena that involves a lot of government contracting. The debarment applies across the entire federal government and may have an indirect impact on civilian opportunities as well.

If you have received a notice of Proposed Debarment, you will want to talk to an experienced lawyer for debarment actions immediately. In some cases, a prompt and thorough response can avert federal debarment and suspension of contracts, allowing the contractor to seamlessly complete the project and maintain eligibility for future contracts.

Proposed Debarment, Debarment and Suspension: What’s the Difference?

The terminology can be confusing, and it’s important to understand exactly what’s happening so that you respond quickly and effectively. Here’s what each of these three terms means in a nutshell:

• Proposed Debarment: You have not yet been debarred and have an opportunity to respond and try to avoid debarment. Exact procedures differ from one government agency to another. You should contact a debarment attorney right away.
• Suspension: Suspension is an immediate action the government uses when there is a sense of urgency about removing a contractor from a project. However, it is by definition temporary and typically happens in combination with an investigation that may or may not lead to debarment action.
• Debarment: Debarment bars a contractor from working on federal projects, usually for three years. Debarment can be appealed, but work may be interrupted and new opportunities for government projects will be unavailable during that process. Whenever possible, it’s best to head off debarment as soon as you receive Notice of Proposed Debarment.

In short, when you receive a Notice of Proposed Debarment, you typically still have time to avert debarment and continue work uninterrupted. However, you’ll need to act quickly and make sure you have the right help. A suspension prevents the contractor from working on or being awarded new government projects until the investigation is resolved, but is short-term and may end without debarment proceedings–particularly if you work with an experienced debarment attorney to show the government that you do not present a present risk. Debarment may or may not terminate current contracts, but will prevent you from qualifying for new government contracts or subcontracting opportunities for a set period, usually three years.

Regardless of where you are in this process, you should speak to an experienced lawyer for debarment proceedings as soon as possible.

Victory Against Federal Debarment | Edmunds Law Firm Helps Client Clear Her Name

Talk to a Security Clearance Lawyer about Appealing a Government Debarment or Suspension

When your future is on the line, you need an experienced advocate by your side. The Edmunds Law Firm has five decades of experience helping people protect their careers, whether that means obtaining security clearance, fighting attempts to revoke security clearance, appealing a revocation or denial, or fighting a suspension or proposed debarment.

We’ve handled thousands of cases across the country, and have broad experience with debarment and suspension proceedings. We know what it takes to turn things around when your job or business is at stake, and how to assemble the evidence and legal argument you need.

Too often, people miss opportunities to avoid or successfully appeal debarment simply because they don’t know what type of evidence is required or how to present it. Our 50 years of experience can make the difference.

Recent Favorable Decisions

Avoiding Debarment for a Long-Term Contractor

The Edmunds Law Firm recently tackled a Proposed Debarment Action. A dedicated defense contractor of over 30 years was at risk of losing his livelihood. In the agency’s Notice, one six-month period of irresponsible behavior was allowed to dwarf a decades long exemplary record. In other words, a loyal servant to the United States was threatened with retroactive punishment for something he had long-since paid his penance and overcome.