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Government Contracts Monitor

Suspension and Debarment

The Race to Suspend & Debar Heats Up

We recently wrote about the November 15, 2011 directive from the Director of OMB telling agencies to step up their suspension and debarment procedures.  Click hereto read the OMB directive in its entirety.   

More current events make clear that Congress means business when it comes to this issue.

 

First, the Consolidated Appropriations Act of 2012.  This…

Suspension & Debarment Gets A Push From OMB

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The Government Accountability Office recently found that most federal agencies lack active and effective suspension and debarment programs, putting the government at unnecessary risk of waste, fraud, and abuse.

To remedy this situation, the Director of OMB has directed agencies to take the following actions:

  1. Appoint a senior official who will be responsible for assessing the agency's…

Suspension of Affiliates: It’s Worse Than You Think. A Lot Worse, Actually.

In the Old Testament, a jealous God threatens on various occasions to visit the sins of the father to the third or fourth generations.  See, e.g., Exodus 20:5.  Think this has no application to the suspension and debarment context?  Think again.  In the updated version of the narrative, however, the aggrieved blameless contractors are appealing to another higher authority…

Obama Administration Encourages Increased Use of Suspensions and Debarments to Hold Contractors Accountable

As part of the President’s Campaign to cut Fraud, Waste, and Abuse, the Office of Federal Procurement Policy (OFPP) has directed agencies to “ensure they are fully equipped to suspend and debar contractors and other recipients whenever necessary to protect the government’s interest.”  The Administration believes that effective suspension and debarment programs play an important role in…

House Passes Legislation Requiring FCPA Violators to be Proposed for Debarment

Legislation approved by the House last week would require federal agencies to propose for debarment federal contractors found to have violated the Foreign Corrupt Practice Act (FCPA).  The FCPA prohibits giving or offering to give anything of value to a foreign official for the purpose of obtaining or retaining business for or with any foreign government.

The new legislation – the 2010 …

New “Performance and Integrity” Database to Impose Additional Reporting Requirements on Government Contractors

A proposed regulation would amend the Federal Acquisition Regulation (FAR) to require government contract offerors with over $10 million in federal grants and contracts to provide information relating to criminal convictions, civil judgments and administrative proceedings directly into a new information system maintained by the government.

Under §872 of the 2009 Defense Authorization Act, the…

Congress Ponders the Excluded Parties List System in Wake of Unprecedented Government Expenditure

Today, in response to a Government Accountability Office (GAO) report citing several instances of suspended and debarred contractors continuing to receive federal government contracts, the U.S. House of Representatives’ Committee on Oversight and Government Reform held a hearing examining the effectiveness of the Excluded Parties List System (EPLS) – the federal database intended to prevent…

DoJ Presses for More Tools to Fight Contract Fraud in Wake of Recession, Stimulus

The Obama Administration’s push for quick returns on the economic stimulus may have an adverse effect: more fraud. 

In the rush to improve access to credit and stimulate the economy, taxpayer monies may be used to fund contracts awarded without meaningful competition and performed without effective oversight.  Contract integrity often suffers in such “emergency” situations –…

 

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