Albo & Oblon, L.L.P - Arlington/Main Office.
2200 Clarendon Blvd., Ste. 1201
Arlington, VA 22201
(703) 312-0410
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Albo & Oblon, L.L.P -- Fairfax County Office
6367 Rolling Mill Place, Suite 102
Springfield, VA 22201
(703) 455-0046
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Albo & Oblon, L.L.P. -- Norfolk/Hampton Roads Office
World Trade Center
101 West Main Street, Suite 435
Norfolk VA 23510
(757) 200-7900
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Albo & Oblon, L.L.P. -- Washington, D.C./Maryland Office
641 Indiana Avenue, N.W., Second Floor
Washington, DC 20004
(202) 386-7470
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This article is for your personal information only and is not intended as legal advice. This area of the law is very complex. Every case is different and the information contained herein is general. This information is not intended to be legal advice. Nor is this material intended to replace consultation with a professional. Always consult a licensed attorney for your particular case. Nothing herein shall create an attorney/client relationship.
Suspension and Debarment
Q. What does it mean to be suspended or debarred from working on a government contract?
A. Suspension is the temporary disqualification of a company or individuals from contracting with the government for up to 18 months. Debarment is the exclusion from contracting for a fixed period of time, up to three years. The government will suspend or debar a contractor usually for one of the following reasons: (1) if the contractor violates a civil or criminal statute, and the violation is severe: or (2) if the contractor seriously violates the terms of its government contract(s) constituting a willful failure to perform such contract(s). The determination as to whether suspension or debarment is warranted is left to the discretion of the procuring agency under F.A.R. 9.402.
Q. What is the effect of being suspended or debarred from competing for government contracts?
A. A contractor's suspension or debarment by one government agency usually precludes it from competing for or soliciting any government contracts with any federal agency. GSA compiles a list of contractors who are suspended or debarred, and agencies are thus notified that they may not solicit or award to companies appearing on the list. Contractors who are debarred or suspended are likewise prohibited from competing for or soliciting work as subcontractors under a government prime contact vehicle. A contractor's suspension or debarment often may not however prevent the contractor from continuing to perform on its existing government prime or subcontracts.
Suspensions and debarments are serious actions, and a contractor faced with either suspension or debarment must have legal representation to respond quickly and effectively to minimize the damage of such proposed actions. Depending on the circumstances behind the suspension or debarment, a contractor may have the opportunity to appeal an agency's decision to suspend or debar.
Criminal Issues Arising From Government Contracts>>> |
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