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Do the Exclusion Archives on SAM.gov Violate Contractors' Liberty Interest?

Client Alert | less than 1 min read | 09.29.16

The suspension and debarment remedies are not meant to punish contractors for past misdeeds, yet information about past exclusions is stored indefinitely on the SAM.gov website, and this information is increasingly causing collateral consequences outside the government marketplace. In an article published in Bloomberg BNA, C&M attorneys discuss the evolution of the excluded parties list and explore how a contractor might challenge the exclusion archives as a violation of a contractor’s constitutional liberty interests.

Insights

Client Alert | 2 min read | 12.29.25

FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company

GAO’s key personnel rule is well-known—and often a source of frustration— amongst government contractors.  Proposed key personnel who become “unavailable” prior to contract award—especially where they have accepted employment with a different company—may doom an offeror’s proposal by rendering it noncompliant with solicitation requirements.  But GAO’s recent decision in FYI – For Your Information, Inc., B-423774, B-423774.2 (Dec. 19, 2025) provides some potential relief from that rule. ...