Mandatory Suspension/Debarment Review For "Poorly Performing" Contractors
Client Alert | 1 min read | 03.23.10
In another sign that the government is increasing its focus on suspension and debarment, a February 2010 Department of Homeland Security IG report found that DHS has been reluctant to apply existing procedures against poorly performing contractors and recommended that DHS develop policies to determine whether to refer them to the suspension and debarment official when their contracts have been terminated for default or are being considered for default. DHS management concurred with the recommendation and will now require that contracting officers provide any determination of nonresponsibility to the S/D official when the determination is based in whole or part on the contractor's (1) lack of satisfactory performance record under DHS contracts; (2) lack of satisfactory record of integrity and business ethics; or (3) inability to qualify or ineligibility under applicable laws and regulations.
Insights
Client Alert | 10 min read | 10.15.25
Understanding the EU’s International Procurement Instrument
In June 2025, the European Commission adopted its first-ever measures under the International Procurement Instrument Regulation (IPI), restricting access to the EU public procurement market for medical devices for economic operators and medical devices from the People’s Republic of China. This is the first application of the IPI, a new trade instrument aimed at tackling lack of reciprocity in access to public procurement in third countries.
Client Alert | 4 min read | 10.14.25
Client Alert | 35 min read | 10.13.25
Building Blocks of Design Law: CJEU rules on LEGO Group Modular Design Protection
Client Alert | 3 min read | 10.13.25
