Archives: Suspension and Debarment

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Monitoring The Monitor: Recent Ruling Sheds Light on Applicability of FOIA to Monitorship Documents

The U.S. District Court for the District of Columbia recently issued the latest ruling in a long-running Freedom of Information Act (“FOIA”) dispute involving materials related to a government-mandated monitorship of the compliance and corporate governance systems of Siemens Aktiengesellschaft (“Siemens”), the German multinational conglomerate.  See 100Reporters LLC v. U.S. Dep’t of Justice, 2018 WL … Continue Reading

Confidentiality Agreements Continue To Pose Potential Compliance Trap for Contractors

Federal contractors who require employees to sign confidentiality agreements—including those selling only commercial products or in small quantities—need to examine their agreements closely. For the last two years, the government has sought to prohibit confidentiality agreements that restrict employees’ ability to report fraud, waste, or abuse to “designated investigative or law enforcement representative[s]” for federal … Continue Reading

ISDC Reports a “Plateauing” in Suspension and Debarment Activity

Each year, the Interagency Suspension and Debarment Committee (ISDC) reports to Congress on the status of the Federal suspension and debarment system.  With its mission of assisting agencies to build and maintain efficient and effective suspension and debarment activities, the ISDC is uniquely situated to provide comments and insight on the status of suspension and … Continue Reading

A Job Half-Done? Questions Remain Following State Department’s Announcement of New Debarment Procedures

On March 28, 2015, the Department of State (“State”) issued a proposed rule to update various procedural aspects of the agency’s suspension and debarment actions.  The proposed rule appears intended to streamline the suspension and debarment process and reinforce the independence of the agency’s suspension and debarment official (“SDO”).  Yet despite these laudable aims, the … Continue Reading

A Change to the SDO Position at NASA

On March 8, 2016, a final rule changed the position of the National Aeronautics and Space Administration’s (“NASA”) suspending and debarring official (“SDO”).  The SDO had been NASA’s Assistant Administrator for Procurement.  The final rule reassigns the position to NASA’s Deputy General Counsel.  Public comments were not accepted because NASA concluded that the change “affects … Continue Reading

Federal Felony Convictions and Delinquent Taxes Must be Reported Under New FAR Rule

Three major agencies—the Department of Defense (“DoD”), NASA, and the General Services Administration (“GSA”)—have published an interim rule that will require contractors to report federal felony convictions and delinquent taxes when responding to solicitations.  The rule implements requirements imposed by the Consolidated and Further Continuing Appropriations Act of 2015, Pub. L. 113-235 (the “CFCAA”) and … Continue Reading
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