Suspension and Debarment

Timing is essential when you’re facing a crisis that can cost you procurement opportunities for years on end. We’ve built the institutional knowledge and relationships to intervene on your behalf urgently, at a moment’s notice, as part of an effective strategy.

Eliminating threats through proactive approaches

Suspension and debarment proceedings move swiftly and don’t require a high burden of proof for the government, putting contractors in a difficult position. Our deep bench of experienced suspension and debarment defense lawyers, who have handled matters with virtually all federal executive agencies, offer prompt and carefully-crafted strategies that anticipate the government’s next move. We help clients deal with the most critical threat facing their businesses with the confidence that they are telling the "right story" to the regulators at the "right time" and in the "right way." Crowell has favorably resolved suspension or debarment proceedings and, in many cases, eliminated threats through proactive outreach and coordination. Our services include:

• Representing clients in suspension and debarment proceedings.
• Responding to all types of inquiries, including proposed debarments, suspensions, show cause letters, and letters of concern.
• Coordinating with the suspending and debarring offices to minimize risk of immediate action after a discovery of wrongdoing.
• Advising companies on strategies to minimize collateral consequences when resolving significant criminal and civil matters.
• Negotiating administrative agreements, voluntary exclusion agreements, and monitoring agreements to avoid suspension and debarment.
• Advising companies on their ethics and compliance programs to establish credibility and build a proactive defense against future claims.
• Handling issues relating to mandatory disclosure rules and implementing strategies to reduce risk of suspension and debarment.

A powerhouse team

While we’ve handled some of the highest-profile suspension and debarment cases in recent years, our practitioners have also represented individuals and lesser-known businesses in a diverse array of venues. We have experience advocating for clients before many state officials, in virtually every federal executive agency, and many multinational entities (like the World Bank). Recent matters include:

• Helped resolve General Services Administration suspension and debarment proceedings for a public company in a matter of days after presentation to agency officials related to alleged procurement improprieties.
• Successfully represented contractor in Department of Education suspension proceedings initiated as a result of underlying False Claims Act matter and allegations of failure to comply with mandatory disclosure rule; coordinated the representation of the company, as well as related proceedings against several key executives, resolving the matter without a debarment and with an administrative compliance agreement for the company.
• Represented major contractor before Federal Highway Administration proceedings relating to compliance with Disadvantaged Business Enterprise regulations.
• Represented major contractor in Air Force suspension and debarment inquiry relating to counterfeit products.
• Represented major contractor in Navy suspension and debarment matter relating to allegations of pervasive time mischarging.

Respected insights

Our lawyers are prolific thought leaders in our field, often sought after for analysis by journalists and regulators alike. We have testified before Congress about suspension and debarment, written text books on key legal concepts and helped craft the development of such procedures for the Federal Acquisition Regulation (FAR), the standard procurement guide for all executive agencies. Many of our practitioners cut their teeth on the government side, working at agencies including the Justice Department and the Office of Management and Budget, before applying those skills to help businesses thrive.

Deep experience

Clients turn to Crowell’s suspension and debarment practice to navigate the increasingly challenging federal procurement landscape. We have served as lead counsel on suspension and debarment matters before these agencies:

• Department of Agriculture (USDA)
• Department of Commerce
• Department of the Army
• Department of the Navy
• Department of the Air Force
• Defense Logistics Agency
• Defense Information Systems Agency
• Department of Education
• Department of Energy
• Environmental Protection Agency
• Export-Import Bank
• General Services Administration
• Department of Health and Human Services
• Department of Homeland Security
• Federal Emergency Management Agency
• Immigration and Customs Enforcement
• Department of Housing and Urban Development
• Department of the Interior
• Department of Justice
• Department of Labor
• National Aeronautics and Space Administration
• National Science Foundation
• Small Business Administration
• Department of State
• Department of Transportation
• Federal Aviation Administration
• Federal Highway Administration
• Federal Transit Administration
• S. Department of Veterans Affairs

U.S. Agency for International Development (USAID)