Suspension and Debarment

2015-0126 Healthcare.govLast week, several press outlets, a well-regarded legal blog (albeit one that does not generally focus on Government contracts law/policy), and at least one politician criticized the IRS for the award of a relatively small IT services contract to a company called CGI Federal. CGI was the contractor at the center of the problematic rollout of the website. Although there were clearly substantial problems with the website development and rollout, some of the criticism of CGI—and the implicit calls for substantial punishment of that contractor—demonstrate a lack of fair consideration of publicly available reports about the sources of the problems with the website and misunderstandings of aspects of procurement law and policy.
Continue Reading Questionable Criticism of a Government Contractor—and Unfounded Calls for Severe Punishment

At the end of last year, the Eleventh Circuit issued a disturbing decision involving the prolonged suspensions of two companies that had been suspended based solely on the indictment of an affiliated company.  In Agility Defense & Government Services v. U.S. Department of Defense, 739 F.3d 586, the court held that the plaintiffs could be suspended for longer than the 18 months specified by FAR 9.407-4(b) because legal proceedings had been initiated against a parent company – but not against the plaintiffs themselves. For at least four reasons, this holding causes concern for Government contractors.
Continue Reading The Eleventh Circuit’s Questionable Decision Concerning the Suspension of Affiliates