Downsides To Accelerating Contractor Debarment Decisions

Law360 (April 19, 2019, 11:05 AM EDT) -- It’s better to do the right thing slowly than to do the wrong thing quickly. This holds true in the context of suspension and debarment of government contractors. These exclusions are commonly referred to as “the death penalty,” because they preclude a contractor from receiving government contracts, and the associated reputational harm can be incalculable.

Accordingly, the Federal Acquisition Regulation, or FAR, requires suspension and debarment officials, or SDOs, to make decisions based on an administrative record, and those decisions are subject to judicial review (and possible invalidation) under the Administrative Procedure Act.

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