10 Recommended Steps To Take Following Receipt Of A Notice Of Proposed Debarment Or Suspension
For government contractors, a debarment immediately renders them ineligible for government contracting and, in turn, cuts off revenue, leading to potential irreparable harm. For individuals facing debarment, the effect is equally as dire, as most government contractors will immediately terminate an employee who has been proposed for debarment, or at a minimum, place the employee on leave pending a resolution. With such high stakes, those who find themselves in the crosshairs of such proceedings inevitably have questions. What should I do if I am debarred, and how does debarment affect me? How will my reputation be impacted by debarment? What can I do to avoid debarment? Unfortunately, adequate answers can be difficult to find.
But when it comes to the practice of suspension and debarment, Pillsbury's government contracts practice has you covered and can quickly demystify the process leaving you with answers to your questions and supporting you with strategy recommendations. While each case is unique and our guidance and strategy development turns on the particular facts of each client's case, here are 10 recommended steps you should consider taking should you receive a notice of proposed debarment or suspension.
Immediately retain experienced debarment counsel. Whomever you choose, make sure they are familiar with suspension and debarment proceedings and ask for client references who can attest to their experience. Retaining counsel who has been there before and knows what to expect is critical. If you retain counsel, then much of what follows on this list should be handled by them. If you do not retain counsel, your likelihood of avoiding debarment is low. Make note of the date of the notice of proposed debarment and the due date for a response. Typically, proposed debarment notices afford you 30 days to respond. Timeliness is imperativeif you are late in doing so, expect to be debarred. Make note of the point of contact set forth in the notice and endeavor to correspond via email. Typically, the notice will indicate that all inquiries and responses should be directed to a particular attorney in the debarring office and most offices provide email contact information. This will be your point of contact as you respond to the notice. Responding via email will avoid delays and save time. When writing the debarment office, always be respectful and professional. Again, we do not recommend that you handle this yourself. Understand that everything...
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