Suspension and Debarment in Government Contracting: A Practitioner's Primer to Navigating A Potentially "Game Ending" Situation

Both the Federal Acquisition Regulation (FAR) and the Non-Procurement Common Rule (NCR) authorize a Federal agency to exercise the administrative remedies of suspension or debarment. These administrative remedies are intended to protect the Federal Government and its business interests when the Government finds that a government contractor is no longer presently responsible. If exercised, suspension or debarment can be devastating to a contractor because suspension or debarment precludes a contractor from obtaining future contracts with or grants from the Government. In fact, if one agency takes action to suspend or debar a contractor, that contractor is suspended or debarred from doing business with any other Federal agency.  

This program, presented by Kara Sacilotto at Wiley, will discuss procurement-based suspension and debarment under the FAR and non-procurement suspension and debarment under the NCR, including the grounds for suspension or debarment, the mitigating (or, in the case of the NCR, aggravating) factors that a debarring official considers when assessing present responsibility, the procedural process by which suspension and debarment matters are usually handled, imputation of misconduct to corporations and individuals, the restrictions that are imposed on a suspended or debarred contractor, judicial review, and administrative agreements.

Learning Objectives:

1. Analyze the bases for imposing the administrative remedies of suspension and debarment as related to Federal procurement contracts or non-procurement transactions, such as grants

2. Appreciate what a debarring official considers in determining whether a contractor is presently responsible

3. Identify the implications of suspension and debarment on individuals, affiliated entities, and contractors and the impact on doing business with the Federal Government  

4. Break down administrative agreements intended to allow a contractor to continue doing business with the Federal Government while ensuring the Government's interests are protected