Virginia Employment Law

Our debarment lawyers represent individual government contractors nationwide in proposed debarment and suspension cases before all federal government agencies. Most law firms that handle debarment cases focus on larger clients. Our specialty is in representing individuals government contractors facing proposed debarment and suspension actions. Our nationwide lawyers also represent government contractors in debarment appeals. If you have been proposed for debarment by a federal agency or are seeking assistance in appealing a debarment it is important that you retain legal counsel. If you effectively respond, the Government is very fair in evaluating these types of cases.

What are Debarments and Suspensions?

A debarment is a government action taken to protect the government against individuals or companies suspected of misconduct. A debarment prohibits the government from using an individual on government contracts. Suspensions result in temporary contractor ineligibility to work on government contracts. Debarments are findings of ineligibility from government contracts for government contractors that have been found to be irresponsible. Debarments can last a period of years. Suspensions and debarments are not designed to punish a government contractor but were put into place for the purpose of protecting the public. Our nationwide debarment lawyers represent individual government contractors in debarment cases, reconsideration and appeals.

Effect of Debarments and Suspensions

Debarments and suspensions have a significant impact on individual government contractors. These can include:

1. Termination by an employer;

2. Significant alteration in work duties;

3. Creation of security clearance issues for government contractors that also hold security clearances; and

4. Prevention of a government contractor from employment in their industry.

Contractors that are debarred or suspended are not eligible to receive or work on government contracts, unless a compelling reasons exists, which can be a very high bar to meet. The government takes a clear approach to debarment cases and there is a formal response process. Of late, the government has also seemed to take a more assertive approach in the debarment or suspension of individuals that are under the suspicion of wrongdoing. This can happen even if the person has not been convicted of any crime or adjudicated guilty of employment misconduct.

Typical Reasons for Suspension or Debarment

Some of the more common reasons for a proposed suspension or debarment can include:

(1) Misconduct at work (e.g., mischarging of time worked, misappropriation of information or data);

(2) Criminal convictions or allegations;

(3) Civil judgments; and

(4) Evidence of crimes or convictions.

In many cases, a former employer reports an employee for possible debarment or suspension.

The Debarment and Suspension Process

At the start of the debarment process, the government will generally issue a show-cause letter. This requires a government contractor to explain why they should not be debarred from government contracting work. These proceedings can occur quickly and individual government contractors must respond fully in order to avoid a potential negative outcome. The proceedings will be overseen by a debarring official. A debarment or suspension proceeding is similar to a security clearance proceeding at the initial stages. It is mostly evaluated through the written response process (initially). As mentioned above, the government will generally provide a show-cause letter to a government contractor and provide them with an initial chance to respond to the allegations. The process can resolve or move forward.

Responding to a Proposed Debarment or Suspension

Written Response

In responding to a notice of proposed debarment or suspension, it is important to fully address all of the allegations. As a result, it is important to request a copy of the Administrative Record of evidence supporting the action from the government. A comprehensive written response is definitely required. The most important focus of a response involves addressing the allegations directly. If the allegations are true, then it may be important to take full responsibility for them and explain how they will not happen again in the future. If the allegations are untrue, it is important to dispute them and provide evidence. It is very important to submit rebuttal evidence, letters of support, evidence of prior military service (where applicable), awards, commendations, and other materials which demonstrate the character of the individual. Additionally, it is critical to cooperate in related investigations. All possible mitigating arguments should be made to the Debarring Official in an effort to resolve the debarment or suspension issue.

Personal Meeting

In addition to the written response, strong consideration should be given to requesting a meeting with the debarring official to present a case against debarment. In our practice, we usually request a personal meeting with the debarring official. During these meetings, it is important to be prepared and have a lawyer advise you during the presentation. The debarring official may ask important questions about the underlying issues so it is important to be prepared going into a personal meeting for the debarment action.

Decision Rendered and Consequences

Following the response period, a decision will be rendered by the Debarring Official. The Debarring Official can uphold, mitigate or terminate the Debarment. If a negative finding is issued, leaving the person debarred or suspended, this determination will be placed in the debarment database, known as the System for Award Management (SAM). This is a searchable database that lists government contractors that are excluded from government contracts. Further, if you receive a debarment decision there is the potential ability to seek reconsideration. Reconsideration is a process which yields the possibility of still reversing the debarment or suspension. The process can involve contacting the Debarring Official with new or other evidence and seeking to reduce the debarment.

Contact Us

Please contact Berry & Berry, PLLC to schedule a consultation with a debarment lawyer if you are facing a potential debarment from government contracting and need assistance. We focus on the representation of individual government contractors in debarments and suspensions.