Changing The Balance Of Power In Debarments, Suspensions

Law360, New York (July 24, 2012, 12:57 PM EDT) -- Current procedures do not give contractors in fact-based and imputed procurement suspensions and debarments a "timely opportunity" to contest notices of proposed debarment, as first promoted by the Administrative Conference of the United States ("ACUS") in 1962. As a result, contractors are forced to capitulate to government allegations and demands without receiving due process protections suggested by the courts and called for by both ACUS and the American Bar Association.

This conclusion is based on the increasing use of indefinite delivery/indefinite quantity ("IDIQ") contracts by the U.S. government. The resulting shortened contract duration (with each task order being a separate contract)...

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