Federal Debarment and Suspension

Experienced Defense Counsel for Federal Contractors and Other Entities Facing Debarment or Suspension

Attorney Nick OberheidenGovernment Contracts Debarment and Suspension Team Lead

For federal contractors, grant recipients, healthcare providers, and other entities that rely on access to federal funds to conduct business, facing suspension and debarment can present a threat to their viability as a going concern. Federal agencies can issue suspensions on various grounds; and, while debarments are less common, they present even greater risks as they are reciprocal to all the executive branch agencies. If your company or organization is facing federal debarment or suspension for violating a statutory or regulatory provision, we can use our experience to help you fight to avoid these outcomes by all means available.

Our experience includes not only defending federal contractors, healthcare providers, and other clients in debarment and suspension legal proceedings, but also handling these proceedings within the federal government. This is because our team includes several former U.S. Attorneys, Assistant U.S. Attorneys, and prosecutors at the U.S. Department of Justice (DOJ), as well as former high-ranking agents, officers, and investigators at multiple federal departments and agencies. As a result of this experience, we have an intimate understanding of the federal debarment and suspension processes, and we are able to help our clients execute targeted defense strategies based on the specific agency and the unique circumstances involved in each particular case.

We Handle Federal Debarment and Suspension Proceedings Involving All Federal Departments and Agencies

We handle federal debarment and suspension proceedings no matter the federal agency. Whether your company is at risk of proposed debarment, losing a critical federal contract or your company or organization’s federal grant, loan, or benefit program eligibility is on the line, we can help regardless of the circumstances involved. Our team is available to assist with federal debarment and suspension cases nationwide involving federal authorities including (but not limited to):

All branches of the U.S. Armed Forces
Centers for Medicare and Medicaid Services (CMS)
Defense Logistics Agency (DLA)
Defense Information Systems Agency (DISA)
Federal Aviation Administration (FAA)
Federal Emergency Management Agency (FEMA)
Federal Highway Administration (FHA)
General Services Administration (GSA)
Immigration and Customs Enforcement (ICE)
National Aeronautics and Space Administration (NASA)
U.S. Agency for International Development (USAID)
U.S. Department of Agriculture (USDA)
U.S. Department of Commerce
U.S. Department of Defense (DOD)
U.S. Department of Education
U.S. Department of Energy
U.S. Department of Health and Human Services (HHS)
U.S. Department of Homeland Security (DHS)
U.S. Department of Housing and Urban Development (HUD)
U.S. Department of Transportation (DOT)

Again, these are just examples. Regardless of the agency or department that is threatening action against your company or organization, we can intervene in the process and work with the agency or department’s leadership (and legal counsel) on your behalf. With that said, it is important that we are able to intervene in the process as soon as possible; and, with this in mind, we encourage you to contact us promptly if your company or organization needs help.

How We Assist Companies and Other Organizations Facing Federal Debarment or Suspension

Successfully defending against federal debarment or suspension requires an informed and custom-tailored approach. Every situation is different, and this means that every situation calls for its own unique defense strategy. Even when debarment or suspension may arguably be warranted under the circumstances at hand, this outcome can often be avoided—and we have extensive experience successfully defending clients in this scenario.

With this in mind, the specific approach we take to your company or organization’s case will depend on the specific circumstances involved. Broadly, however, we provide services including:

Responding to Letters of Concern, Show Cause Letters, and Other Inquiries – If you have received a letter of concern, show cause letter, or any other inquiry related to your company or organization’s federal contract, grant, loan, or program participation, it is imperative that you respond both quickly and appropriately. Our lawyers can help you make informed decisions and craft an appropriate response while taking all additional steps that are necessary for your company or organization’s protection.
Evaluating the Alleged Grounds for Debarment or Suspension – When facing federal debarment or suspension, it is critical to identify the specific grounds and present responsibility and other adequate evidence for the proposed action. We prioritize identifying the allegations against our clients at the outset of our representation so that we can tailor our advice and defense accordingly.
Evaluating Potential Defenses and Formulating a Comprehensive Defense Strategy – The defenses available in any particular case depend on both the facts and the allegations involved, along with whether there’s adequate evidence. Once we have a clear understanding of the circumstances at hand, we then shift our focus to formulating an effective defense strategy.
Communicating with the Department or Agency Throughout the Proceeding – When facing debarment or suspension, it can often be critical to maintain open lines of communication with the relevant department or agency throughout the proceeding. We manage these communications on behalf of our clients, working with the relevant federal authorities to achieve amicable resolutions whenever possible.
Fighting Debarment or Suspension in Administrative Proceedings – We have extensive experience representing clients in all types of federal administrative proceedings. If your company is facing debarment or suspension and an amicable resolution is not in its best interests, our lawyers will thoroughly prepare for the administrative hearing and pursue administrative appeals as necessary.
Fighting Debarment or Suspension in Federal Court – If necessary, we can also fight to protect your company’s or organization’s access to federal funding in court. Several members of our team are highly experienced federal litigators. If your company or organization needs to fight an unjust debarment or suspension, we can fight it by all means available.
Negotiating Settlements, Administrative Agreements, and Voluntary Exclusion Agreements When Warranted – In some cases, negotiating a settlement, administrative agreement, or voluntary exclusion agreement will be the best choice for avoiding debarment or suspension. If negotiating with the federal government is in your company or organization’s best interests, we can use our experience to negotiate effectively on its behalf.

In all cases, time is of the essence. Federal debarment and suspension proceedings tend to move quickly; and, if left unchecked, they can lead to serious consequences before federal contractors and other entities have a chance to defend themselves. Our lawyers can take action on an emergency basis if necessary, and we can work closely with you to ensure that you feel confident in your company or organization’s defense strategy.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

FAQs: Defending Against Federal Debarment or Suspension

What Are the Grounds for Federal Debarment?

Federal Debarment is an action taken by the federal government to protect Federal procurement and programs from contractors who are unethical or have unsatisfactory business records. The Federal Acquisition Regulation (FAR) establishes several grounds for debarment. These include fraud during the bidding process, fraud under federal contracts, antitrust violations, embezzlement, making false statements, and failure to pay federal taxes—among many others. If your company is facing debarment, it is critical to discern the specific grounds for the debarment proceeding, which is a civil judicial proceeding, so that you can put forward a sound defense strategy.

If My Company is Debarred, Can it Serve as a Subcontractor on a Federal Contract?

While federal contractors that have been debarred cannot bid directly on government contracts, they can serve as subcontractors in some cases. However, doing so requires written approval from the relevant agency head based on a “compelling reason.” If your company is facing debarment, you should engage experienced federal defense counsel to fight debarment by all means available—and to negotiate an agreement that protects your company’s ability to bid on federal contracts if necessary.

How Can Federal Contractors (and Other Companies) Avoid Debarment?

If your company is facing debarment, avoiding debarment will involve evaluating all potential defenses and formulating a comprehensive defense strategy that is tailored to the specific circumstances at hand. While successfully defending against debarment can involve affirmatively disproving the allegations against your company (or its officers or executives), it can also involve demonstrating that there is insufficient evidence to justify debarment. When warranted, contractors and other companies can also seek to enter into an agreement with the relevant department or agency that imposes conditions or requirements but ultimately protects their ability to do business with the government.

Is Debarment Different from Suspension or Ineligibility?

While there are technical differences between them, debarment, suspension, and ineligibility all have similar consequences. They all prevent federal contractors and other organizations from receiving federal funds (subject to certain exceptions); and, except in extreme circumstances, they are all limited in duration. If your company or organization is facing debarment, suspension, or ineligibility, our lawyers can help you understand what is at stake and get to work immediately providing strategic advice and representation.

Do I Need to Engage Defense Counsel if My Company is Facing Debarment or Suspension?

Due to the significant risks involved, any federal contractor or other company that is facing debarment or suspension should engage experienced defense counsel promptly. At Oberheiden P.C., we have extensive experience defending clients in these cases, and we can use our experience to help protect your company’s eligibility to obtain federal contracts or receive federal funds.

Schedule a Complimentary Initial Consultation with a Federal Debarment and Suspension Lawyer at Oberheiden P.C.

If you need to speak with a federal debarment and suspension lawyer, we encourage you to contact us promptly. Call 888-680-1745 or send us a message online to arrange a complimentary initial consultation at Oberheiden P.C. today.