Suspension and debarment, whether actually imposed or threatened, may have devastating consequences for businesses and individuals. The impact of suspension and debarment is not limited to exclusion from federal procurement and nonprocurement transactions (including federal loans and loan guarantees, subsidies, insurance, grants, and cooperative agreements). It may also damage an entity's commercial business, make it difficult to obtain credit or bonding, and result in loss of employment for individuals. Additionally, suspension or debarment from federal contracting may result in exclusion from doing business with state and local governments.
Greenberg Traurig's Government Contracts team is experienced in guiding clients through all stages of actual or threatened suspension and debarment and other ineligibility actions. When clients need help demonstrating their present responsibility, we develop strategies for proactive engagement and outreach with agency personnel, including Suspending and Debarring Officials (SDOs). We assist clients in responding to show-cause notices, requests for information, notices of suspension, and notices of proposed debarment, effectively advocating that clients should not be suspended or debarred. We also have deep experience negotiating administrative agreements to avoid or lift suspensions and debarments, and in helping clients develop and implement new or improved ethics and compliance programs and practices that demonstrate their present responsibility. We regularly collaborate with our colleagues from Greenberg Traurig’s White Collar Defense & Special Investigations Practice and other practices as necessary to work toward our clients’ goals.
Our attorneys are experienced with regulatory suspension and debarments under the Federal Acquisition Regulation and the Nonprocurement Common Rule, as well as agency-specific statutory and other debarments. Our attorneys have represented individuals and businesses before many Department of Defense and civilian SDOs, including the Army, Navy, and Air Force, Department of Homeland Security (including Immigrations and Customs Enforcement), Department of Veterans Affairs, Department of Health and Human Services, General Services Administration, Small Business Administration, NASA, National Science Foundation, and others.