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Expert Analysis

A Communication Gap Between Industry, Debarring Officials

Law360, New York (April 17, 2014, 12:41 PM EDT) -- Suspension and debarment, alternatively referred to (largely inaccurately) as the "death penalty" for government contractors, arouses passions despite being an area of law and policy without much guidance or substantive case law. This lack of guidance and case law can benefit the contracting community by permitting active, engaged suspending and debarring officials to craft creative outcomes that avoid the worst-case scenarios that might not be possible if "Sentencing Guidelines for Debarments" existed. But that is not commonly known, much less believed, in the contracting community....

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