Responding to the government’s proposed suspension and debarment actions under FAR 9.4 can be a daunting process. An improper response puts you at an 80% chance of not overturning the recommendation.
Understanding how to submit a credible response to debarment officials can make the difference between gaining more revenues in the future from government contracting and your company facing a serious financial crisis.
- Help for small businesses and larger contractors nationwide.
- We have achieved favorable results for many of our clients.
- Avoid costly legal mistakes made by contractors or individuals without a suspension and debarment lawyer.
- Legal help for a fraction of the cost charged by large law firms.
Your response is critical to the outcome: Responding to a proposed debarment notice requires thought and a deep understanding how to address the debarment official while still focusing on a win-win result for our clients.
Sometimes government contractors face other situations alongside a debarment or suspension action. Our DC law firm will compile the right team of professionals to handle the various issues simultaneously.
At Watson & Associates, LLC our Washington DC and Colorado-based lawyers frequently help businesses and individuals to minimize the impact of being placed on the debarment list or suspending from doing business with the federal government including loan programs.
- We offer cost-effective legal solutions;
- Well thought out plans of actions
- Free initial consultation.
Suspension and Debarment Attorney Services
Our federal government contract law attorneys help by:
- Investigating facts surrounding suspension and debarment actions
- Preparing a thorough response to suspension or debarment actions;
- Representing companies at debarment hearings;
- Presenting relevant information IAW with 2 CFR 1200.860 that can help the SDO to reach a conclusion that your company is responsible.
- Negotiating more favorable results;
- Conducting training and developing internal policies and controls;
- Drafting and negotiating administrative compliance agreements; and
- Providing litigation and support.
To speak in confidence with a federal and debarment and suspension lawyer, call Toll Free 1-866-601-5518.
We help federal contractors in all states: Watson’s federal suspension or debarment lawyers provide guidance and consulting when there is a government investigation that can lead to debarment and suspension actions. With over 30 years of experience in federal procurement, our CO and DC law firm understands the responsibility issues can arise and are in a better position to help our clients.
What is Debarment?
Debarred Meaning and Reasons for Debarment Under FAR 9.4: Under federal procurement regulations, debarred means that the government can prohibit your company from doing business with the government for a specified period of time, usually up to three years. FAR 9.4 is the common reference to debar government contractors.
Reasons for Debarment and Suspension
Reasons for debarment and debarment of government contractors include committing fraud, forgery, evading taxes, any violation of federal criminal law, unfair trade practices, a history on nonperformance on government projects, violation of antitrust laws, falsifying documents or making material misrepresentations to the government, having delinquent taxes over $3,000.00 and more.
If the contracting officer makes a determination that any other action furthers the suspension and debarment public policy and protects the government’s interest, a company’s response can be difficult.
At Watson and Associates, our debarment and suspension lawyers develop a response to the proposed actions that balance the outcome and create a potential win-win end result.
- Responding to suspension or debarment notices is a tedious process but the outcome can be worth the investment.
Who Can Be Debarred or Suspended Under FAR 9.4?
Under federal debarment law (FAR 9.4) and debarment and suspension of government contractors, there are a vast amount of companies or individuals that can be suspended or debarred from doing business with the government. Any company or individual that directly or indirectly (e.g. prime contractors and subcontractors can be suspended or debarred. A reasonable trace and argument as to the specifics of your case are important.
Anyone that actually does business or can be expected to conduct business with the government, its agent or representative of another contractor can be debarred or suspended. Anyone that is directly or indirectly involved in the wrongdoing or stated reasons for the suspension or debarment action could essentially be suspended or debarred from doing business with the government.
What Other Options Besides Suspension or Federal Debarment?
Depending on your response, the SDO can decide to take no action against you so long as the SDO believes that your company is a responsible contractor. If this is the case, the SDO can request additional information to help him or her make a final decision. The SDO can also send a show cause letter. This allows you to state your case as to why your company should not be suspended or debarred.
If you get to the point of convincing the SDO that your business should not be debarred or suspended, the SDO may enter into an Administrative Compliance Agreement. Such compliance agreements serve as a remedial measure that focuses on preventing reoccurrence of the underlying problem. Our consultants and federal debarment lawyers can help in these situations.
Due Process Rights
A government contractor, although not entitled to an award of a federal contract, is entitled to not be suspended or debarred without due process. Due process requires specific procedural safeguards of notice of the charges, an opportunity to contest, and under most circumstances, a hearing. Art-Metal, USA, Inc., v. Solomon, 473 F. Supp. 1. (D.D.C. 1978).
Administrative due process requires certain minimum procedural safeguards to ensure principles of fundamental fairness, including notice, the opportunity to contest, and a determination on the record. (exclusion from government contracting on integrity grounds triggers constitutional due process liberty interest). Gonzalez v. Freeman, 334 F.2d 570 (D.C. Cir. 1964); Horne Bros., Inc. v. Laird, 463 F.2d 1268 (D.C. Cir. 1972); and Old Dominion Dairy v. Secretary of Defense, 631 F.2d 953 (D.C. Cir. 1980).
Due process requires suspension notice to contain enough information regarding the alleged misconduct, such as the time, place, contract number(s), and nature of the alleged misconduct, to enable the contractor to “get his ducks in a row” in order to make a meaningful opposition. ATL, Inc. v. United States, 736 F.2d 677, 686 (Fed. Cir. 1984).
Our Government suspension and debarment law firm provides legal counsel to contractors throughout the United States and overseas including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington DC, West Virginia, Wisconsin, Wyoming, and Virgin Islands. Call our government contract attorneys today for immediate help. 1-866-601-5518.
Cities in which our Washington DC suspension and debarment lawyers offer legal counsel and intervene in bid protests include Anchorage, AK; Atlanta, GA; Austin, TX; Chicago, IL; Colorado Springs, CO; Houston, San Antonio, Wichita Falls, Dallas, TX; Denver, Colorado; Indianapolis, IN; Las Vegas, NV; Los Angeles, CA; Miami, FL; Philadelphia, PA; San Antonio, TX; San Diego, CA; San Francisco, CA; San Jose, CA; Santa Clara, CA; and Tampa, FL.
Additional Government Suspension and Debarment Information
Call our Washington DC government contracts suspension and debarment lawyers at 1-866-601-5518 for immediate help.