Suspensions & Debarments

News & Analysis as of

Government Contracts Quarterly Update - October 2014

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice Group to inform our clients and friends of the latest developments in federal government contracting. Topics will...more

Global Procurement Quarterly - Summer/Fall 2014

In This Issue: - Recent Trends in FCPA Enforcement – First Half of 2014 - Ukraine/Russia–Related Sanctions - New Executive Order Places Additional Reporting Obligations on Government Contractors and...more

Pitfalls to Avoid: Common Mistakes in SDO Presentations

In my previous legal capacity as an Associate General Counsel working under a Department of Defense (DOD) Suspension and Debarment Official (SDO), I observed a vast spectrum of styles and approaches in SDO meetings where...more

The Hidden Regulatory and Licensing Consequences to a Conviction or Arrest

One such set of consequences is unique to contractors who do business with federal or state governments. Because even a plea to a criminal conviction represents a person’s affirmative statement of the underlying facts, that...more

Here We Go Again—Significant Threat of Automatic Debarment from Government Contracts Slipping in Under the Wire!

Two weeks ago, the U.S. House of Representatives passed, by voice vote, a little-understood and little-noticed amendment to the Fiscal Year 2015 Energy and Water Development and Related Agencies Appropriations Act (H.R. 4923)...more

Global Procurement Quarterly - Spring 2014

In This Issue: - The New Front in U.S. Sanctions: Ukraine and Russia - Electronic Invoicing in EU Public Contracts - German and EU Rules on Joint Bids - Q+A Corner with Melissa Milstead, Associate General...more

Understanding Suspension and Debarment

In this presentation: - Current climate - Why does the Government suspend or debar a contractor? - What does it mean to be suspended or debarred? - What process does the Government follow to...more

Annual Report to Congress on Federal Suspension and Debarment System

On March 5, 2014, the Interagency Suspension and Debarment Committee (ISDC or the “Committee”) issued its annual report to Congress on the current state of the Federal suspension and debarment system. The report includes a...more

Judicial Review of Government Contractor Suspensions

In recent years, the U.S. government has exercised enhanced scrutiny over federal contractors through, among other things, the increased use of its suspension and debarment remedies – fueled in part by reports of contractor...more

New Legislation Would Revamp Suspension and Debarment

On October 29, 2013, the House Oversight and Government Reform Committee approved a bill to restructure suspension and debarment from federal procurement and non-procurement programs. The Stop Unworthy Spending (SUSPEND) Act...more

You Can Go Home Again, but It Could Be a Thorny Path

Spence Barasch knows. You’ll remember that the SEC barred him for a year from appearing and practicing before the Commission for violating federal conflict of interest rules. Barasch was an associate director in the...more

NFL Suspends Player for Violent Helmet Swing Towards an Opposing Player

Between the whistles of play, professional football is an arguably violent game....more

Fla. Prosecutor Gets 2 Years’ Suspension for Improper Contacts With Judge

Florida judges acknowledge that “justice requires the appearance of justice.” And given some of the controversial verdicts coming out of the Sunshine State — Casey Anthony and George Zimmerman come to mind — it seems more...more

Whew!

The California Supreme Court recently decided that so long as its notice of appeal is timely filed, a suspended corporation can still pursue the appeal if it later revives its corporate powers. The case, Bourhis v. Lord,...more

Time Considerations in California Occupational License Law

Discussion of special legal and strategic considerations re time and time limits in California professional/occupational licensing law and State actions re license enforcement and discipline. ....more

D.C. Circuit Invalidates Lengthy Exclusion

A recent decision by the D.C. Circuit underscores the large amount of discretion that federal agencies have in determining the length of a debarment or exclusion imposed on a government contractor or program participant....more

Suspensions and Debarments of Government Contractors Increase

Last year Congress and the Office of Management and Budget pushed federal agencies to become more aggressive about suspending and debarring contractors. In October of 2011, a Government Accountability Office report found that...more

Suspension and "Guilt by Association"

A recent federal court decision highlights two important issues relating to excluding contractors from participation in federal government contracting: (1) suspension, and (2) "affiliation."...more

Two New Acts Expand Agency Debarment and Suspension Authority

The 2012 Consolidated Appropriations Act (CAA) and the National Defense Authorization Act (NDAA) broaden the reach of the government’s suspension and debarment authority. The CAA prohibits covered federal agencies from...more

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