Suspension and Debarment
The government possesses significant discretion in suspending or debarring entities from entering into government contracts or participating in government-funded programs. Contractors should be aware that any increasingly wide range of actions, including those with no direct connection to the performance of government contracts, can serve as the basis for initiation of such actions.
Informed advocacy can make a significant difference in terms of avoiding or obtaining the withdrawal of these sanctions. In some cases, Winston & Strawn has assisted clients with early disclosure of facts and corrective action that enabled the companies to avoid imposition of suspension or debarment proceedings altogether.
In other cases, where such actions were already underway, we have represented clients in negotiations with agency debarment officials and helped implement plans to lift the suspension and debarment. Winston & Strawn has successfully resolved cases involving a host of alleged offenses and appeared before the suspension and debarment official for nearly every major federal agency.
Recent matters include:
- Suspension and proposed debarment based on criminal indictment of company president lifted. (Department of Army).
- Suspension and proposed debarment based on civil settlement with the Securities Exchange Commission lifted. (General Services Administration).
- Obtained "no action" agreement in connection with settlement of civil false claims allegations. (Department of Army).
- Obtained "no action" agreement in response to "show cause" letter issued by suspension and debarment authority based on SEC consent judgment. (Department of the Air Force).
- Suspension and proposed debarment of an individual based on SEC consent judgment concerning violation of security laws lifted. (General Services Administration).
- Suspension and proposed debarment of company based on conviction of employee for false statements in connection with Clean Water Act testing lifted. (Environmental Protection Agency).