Washington DC Suspension and Debarment Lawyer: Protecting Your Government Contracts.
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Has your government contract been suspended or are you facing potential debarment? Our federal debarment lawyers are here to help with a pending suspension or debarment action.
Government contractors or federal employees facing suspension or debarment understand the fear and risks. Having your legal representative convince a government suspension and debarment official (SDO) that debarment or suspension is unnecessary.
Suspension or debarment can be a death sentence for you as a federal government contractor. You can take prompt action to reinstate your company. A firm or individual that is proposed for debarment or suspended is generally ineligible for an award of a Federal contract or subcontract. Suspensions or debarments generally do not affect previously awarded contracts.
If wrongful conduct has occurred, a suspension or debarment can often be avoided by requesting a meeting with the SDO prior to receiving a notice of suspension or proposed debarment. An SDO should not be suspended or debarred if a firm demonstrates it has taken corrective action to prevent a recurrence and is presently responsible. It is preferable to address such issues prior to receipt of a notice of suspension or proposed debarment when a company is still eligible to receive government contracts.
We understand the stress and uncertainty that comes with debarment and suspension of government contractors. Our team of experienced government suspension and debarment attorneys can help increase your chances of reversing the decision. We have helped numerous contractors and individuals respond to debarment and suspension proposal letters.
What is Suspension and Debarment?
Government Contract suspensions and debarment actions serve as administrative remedies used to prevent federal agencies from working with contractors who are not “presently responsible” – i.e., those who have engaged in criminal or other improper conduct or demonstrated serious poor performance of such a compelling and serious nature that would cause the contracting agency to question their honesty, ethics, or competence.
What is the Effect of a Suspension or Debarment?
if you receive a suspension and debarment of your government contract or employment, you become ineligible to receive new Federal contract awards and certain subcontract awards, grants, loans, etc.
Suspension and debarment actions also introduce exclusion from new Federal procurement and non-procurement awards. This can have a serious impact on. your. business and career. If the government agency suspends or debars a party from procurement awards under FAR 9.4, you become suspended or debarred from non-procurement awards (reciprocal effect), as well as from procurement and non-procurement awards across the other Executive Branch agencies or departments (Governmentwide effect).
Does suspension and debarment automatically cause termination of your existing government contract?
When you bid on a government contract, the source selection authority will decide what the proper action is and whether it is in the best interests of the Government to award you the contract. Having the best suspension and debarment attorneys on your side is critical for the best possible outcome.
Washington DC Government Contractor Suspension and Debarment Lawyers – Nationwide Services
Our government contract law and federal debarment lawyers work diligently to minimize your chances of getting debarred under FAR 9.4 by:
- Investigating facts surrounding fraud, non-compliance or alleged actions
- Statutory debarment legal counsel for companies debarred from federal contracts
- Help with being debarred from government employment
- Help with administrative agreements.
- Preparing a thorough response to suspension or debarment actions;
- Representing companies with government contract awards at hearings;
- Complying with violations of FAR Mandatory Disclosure Rule
- Presenting relevant information in the process IAW with 2 CFR 1200.860 that can help the SDO to reach the conclusion that your company is responsible.
- Negotiating more favorable results;
- OIG exclusion and responding to a notice of proposed debarment;
- Limitations on subcontracting
- Cases regarding fraud and not meeting small business subcontracting plan requirements
- Providing help with small business set-asides
- Conducting training and developing internal policies and controls;
- Drafting and negotiating administrative compliance agreements; and
- Providing litigation and support in federal debarment proceedings
To speak in confidence with a federal government contract suspension debarment lawyer about debarment and suspension of government contractors, call Toll Free 1-866-601-5518.
Reasons for Debarment from Government Contracts
There are a number of reasons for suspension or debarment from government contracts. Reasons include violations of the Buy American Act in constructing, altering, improper conduct or repairing any public building or work in the United States using appropriated funds; false claims and fraud, embezzlement, theft forgery, and bribery. You want to have the right attorney involved because he or she must be able to address the legal issues and must also show that you or your company is responsible under the governing statutes.
Are You Dealing with Debarment Due to a Government Contract Fraud Case?
As government contracts fraud lawyers for companies across the United States, we find that companies and CEOs jeopardize both cases because they have different attorneys representing each case. This can be problematic because inconsistent states during the suspension and debarment process can hurt the criminal fraud case. Our contractor fraud defense attorneys can help.
Suspension and Debarment are statutory remedies used by the U.S. Government to protect against fraud, waste, and abuse by allowing the government to avoid doing business with non-responsible contractors. These regulations can also apply to suspension or debarment from government employment. If you fail to prevail, the result can seriously impact your career or business future.
Suspensions are actions a suspending official (SDO) takes to temporarily disqualify you as a government contractor from doing business with the government.
Being debarred from government contracts under FAR 9.4 is an action the SDO takes to exclude government contractors for a specified period of time. Neither shall be used to punish the intended target.
Suspension and debarment can be daunting for government contractors. At Watson & Associates, LLC, we specialize in helping federal contractors, subcontractors and government employees navigate this complex area of procurement law.
Our Washington DC suspension and debarment attorneys work one-on-one with clients to minimize the risk or win debarment and suspension cases. We have helped many clients successfully resolve potential suspensions and debarment cases. As a result, our clients can continue bidding on, receiving, and participating in federally funded contracts and programs.
Allegations and Investigation
- Allegations: Typically, suspension and debarment proceedings begin with allegations against a contractor. These allegations can range from fraud to quality control issues.
- Investigation: Government agencies will investigate the allegations thoroughly. This involves gathering evidence, interviewing witnesses, and evaluating the contractor’s compliance history.
Proposed Suspension or Debarment
- Proposed Action: If the investigating agency believes there is sufficient evidence, they may propose a suspension or debarment. This is a critical juncture where contractors must act swiftly.
- Response Time: Contractors have a limited window to respond to the proposed action. This is where the expertise of a debarment lawyer becomes invaluable.
Legal Defense
- Why You Need a Suspension Debarment Lawyer: A debarment lawyer can assess the case against you, prepare a compelling response, and represent your interests during the process.
- Appeal: If a debarment decision is unfavorable, your attorney can help you navigate the appeals process and work towards a resolution.
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Tips for Responding to Proposed Suspension and Debarment. – FAR 9.4
Act Swiftly
- Time is of the essence: The clock ticks once you receive a proposed suspension or debarment notice. Promptly engage a government suspension and debarment lawyer to protect your interests. When responding, do not point the finger and allocate blame. Instead, focus on why you are a responsible contractor
Gather Evidence
- Document Everything: Collect and organize evidence to support your case. This includes awarded contracts, compliance records, and any mitigating factors.
Consult a Suspension or Debarment Lawyer
- Don’t Act Alone: Rely on the expertise of an experienced federal debarment lawyer. They understand the intricacies of the process and can craft a strong response or appear at a hearing if needed.
Don’t wait until it’s too late. Contact us today to schedule a consultation with our team of government suspension and debarment legal counsel. Let us help you protect your business and livelihood.
What is Debarment of Government Contractors or Employees?
What is debarment? Debarment of government contractors refers to the action taken by a government agency or entity to exclude a contractor or individual from participating in government contracts or procurement activities. It is a serious consequence resulting from violations, misconduct, or non-compliance with applicable laws, regulations, or contractual obligations.
Being debarred from government contracts should not be a penalty or retaliation to a contractor or emplee. Instead, it should be a means of protecting the government’s interests by ensuring that contractors with a history of wrongdoing or non-compliance are not awarded future contracts. The primary purpose of debarment is to maintain the integrity of the government contracting process and safeguard taxpayer funds.
When a contractor is debarred under FAR 9.4 , they are temporarily or permanently prohibited from bidding on or being awarded government contracts, subcontracts, grants, loans, or other federal assistance. This exclusion applies to all government agencies and may extend to affiliated companies or individuals associated with the debarred contractor.
The debarment process typically involves an investigation and determination of wrongdoing by the relevant government agency. The agency will provide the contractor with notice of the proposed debarment and an opportunity to respond, present evidence, or seek a hearing to challenge the proposed action.
The grounds for debarment under FAR 9.4 can vary but generally include serious violations such as fraud, bribery, antitrust violations, embezzlement, falsification of records, or other significant non-compliance with contractual or legal requirements. The duration of debarment can range from a few months to several years, depending on the severity of the misconduct and the contractor’s actions to remedy the issues.
During the debarment period, contractors are expected to address the underlying causes of the misconduct, implement corrective actions, and demonstrate their commitment to compliance and ethical business practices. Reinstatement or lifting of the debarment can be considered if the contractor can prove that they have taken appropriate remedial measures and pose no further risk to the government’s interests.
It’s important to note that debarment is distinct from suspension, which is a temporary action taken pending the outcome of an investigation or legal proceedings. While both suspension and debarment involve exclusion from government contracts, debarment typically has longer-term implications.
Debarment of government contractors is a serious matter that can significantly affect the contractor’s business operations, reputation, and future opportunities. It underscores the importance of maintaining high standards of ethics, compliance, and adherence to contractual obligations in government contracting.
Don’t let suspension and debarment issues impede your progress. Embrace the expertise of our legal team and gain the confidence to make informed decisions. With our guidance, you can stay ahead of the curve, ensuring compliance, protecting your reputation, and seizing new opportunities in the realm of government contracts.
To speak in confidence with a federal debarment lawyer, call Toll Free 1-866-601-5518.
At Watson & Associates, LLC our Washington, DC-based lawyers frequently help businesses and individuals to minimize the impact of being placed on the debarment list or suspended from doing business with the federal government including loan programs.
Lead federal debarment attorneys: Wojciech Z. Kornacki, Attorney
Watson’s federal suspension and debarment lawyers also provide guidance and consulting when there is a government investigation that can lead to debarment and suspension actions. With over 30 years of overall experience in federal government procurement, our CO and Washington DC firm understands the contractor responsibility issues that can arise and are in a better position to help our clients. Having worked for federal contracting agencies, we are in a better position to help companies suspended or proposed for debarment.
See More On Buy American Act Frequently Asked Questions
Debarred from Government Employment?
What does it mean to be debarred from government employment? The agency may erroneously debar you from further employment with the federal government. Sometimes, these decisions can be reversed if there are facts and adequate evidence that the SDO official can consider. If you are debarred from government employment, contact an employee debarment attorney at Watson & Associates, LLC to discuss how we can help further.
Find out How Does a Decision to Debar Government Contractors Impact Your company?
Additional Federal Debarment and Suspension Information
Difference Between Suspension and Debarment FAR 9.4
Defending and Responding to Contractor cases
See FAR 9.4 can impact negotiations.
Call Watson & Associates, LLC Contractor Suspension and Debarment Lawyers
Call our government contracts FAR 9.4 suspension and debarment lawyers for FREE INITIAL consultation. Call 1.866.601.5518. We represent clients in Washington DC, Maryland, Virginia and federal contractors nationwide.