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Weeding Out Bad Contractors -- The Government's Push to Enhance its Suspension and Debarment Function

Client Alert | 1 min read | 11.17.11

On November 15, 2011, the head of OMB, Jacob Lew, issued a memorandum requiring the heads of executive departments and agencies to increase management attention on suspension and debarment, consistent with the policies and procedures in the FAR. On the heels of the OMB memorandum, the U.S. Senate's Committee on Homeland Security and Governmental Affairs convened hearings on November 16 on "Weeding Out Bad Contractors," which featured testimony from, among others, Daniel Gordon, the Administrator for Federal Procurement Policy; David Sims, the Chair of the ISDC; and Steven Shaw, the Air Force’s debarment and suspension official.

For further analysis and links to the OMB Memo and Congressional testimony, click here for a related blog post by Daniel Forman.

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Client Alert | 2 min read | 09.22.25

Department of Education Discontinues Discretionary Grant Funding for Minority-Serving Institutions

The Department of Education (DOE) announced on September 10, 2025, that it will end discretionary funding to several Minority-Serving Institution (MSI) grant programs that, it stated, “discriminate by conferring government benefits exclusively to institutions that meet racial or ethnic quotas.”[1] The agency stated that it would “us[e] its statutory authority to reprogram discretionary funds to programs that do not present such concerns.”[2] This announcement follows a July 2025 decision by the Department of Justice to no longer defend the constitutionality of a provision of the Higher Education Act of 1965 (HEA) that authorizes grant funding to Hispanic-Serving institutions, after determining that such programs “violate the equal-protection component of the Fifth Amendment’s Due Process Clause.”[3]...

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