Helping You Protect Your Government Contracts

Your business depends upon the contractual relationships that you have with government agencies. Anything that potentially impacts that relationship is a problem that you need to take seriously. A debarment or suspension from government contracting could have very serious consequences for you or your company.

McAdoo Gordon & Associates, in Washington, D.C., has resolved debarment cases for clients threatened with suspension or debarment by various agencies, such as HUD, DoD, Air Force, Navy, Army, GSA and HHS. The firm has successfully defended clients by demonstrating that there is no cause for debarment or that mitigating factors outweigh any cause that may exist.

Additionally, we have negotiated administrative agreements with federal agencies to satisfy to the agency that a client-contractor is "presently responsible," thereby avoiding debarment. When a debarment cannot be completely avoided, we have successfully negotiated a shorter period of debarment for the client.

Included below is some important information that we feel is necessary for individuals and businesses to be aware of when they are facing possible suspension or debarment. For more detailed information about your particular situation, we welcome the opportunity to discuss your case with you.

What suspension and debarment are:

Suspension and debarment are legal procedures for banning a company or a person from doing business with the federal government. Suspension is a temporary exclusion, for a period of up to 18 months, pending the outcome of an investigation. Debarment is an exclusion for a fixed period, usually several years, or occasionally longer.

What it means to be suspended or debarred:

Suspension or debarment by any federal agency results in suspension or debarment from the entire federal government. While you are suspended or debarred, you cannot renew any government contracts, bid on any government contracts or accept any new government contracts that you've already bid on.

Debarment can be a "death sentence" for a business built on government contracting, and it can jeopardize the livelihood of an individual by barring him or her from working for any government contractor.

Some additional things you should know about debarment:

  • The issue in a debarment proceeding is whether the company or individual is presently a "responsible" government contractor.
  • A proposed debarment can be successfully overcome by showing that there is no cause for debarment or that mitigating circumstances establish that the contractor is now "presently responsible."
  • The debarring official of a government agency acts as the judge and jury. He or she will decide the facts in your case and decide whether you will be debarred and for how long. Your only appeal is to sue in federal court, but such suits are expensive and seldom successful.
  • Debarring officials take their responsibilities very seriously and hold contractors to a high standard of conduct.
  • Debarment is a separate process from your security clearance, but it may adversely affect your clearance.

If you have received a Notice of Proposed Suspension or Debarment, or your government customer has advised you that you may be facing suspension or debarment, you need to take action immediately. It is essential that you consult with a law firm experienced with these cases or you or your business could face serious problems.

Schedule Your Consultation With Our Experienced Team

Don't risk your future or your company's future because of a suspension or proposed debarment. With the stakes this high, it's important to work with a lawyer who has experience and competence in this extremely challenging area of law. Call our office today at 202-293-0534 or send us an email to speak with our attorneys to learn more about your options.