March 19, 2012
We recently wrote about the November 15, 2011 directive from the Director of OMB telling agencies to step up their suspension and debarment procedures. Click hereto read the OMB directive in its entirety.
More current events make clear that Congress means business when it comes to this issue.
First, the Consolidated Appropriations Act of 2012. This…
March 12, 2012
The Government Accountability Office recently found that most federal agencies lack active and effective suspension and debarment programs, putting the government at unnecessary risk of waste, fraud, and abuse.
To remedy this situation, the Director of OMB has directed agencies to take the following actions:
December 20, 2011
In the Old Testament, a jealous God threatens on various occasions to visit the sins of the father to the third or fourth generations. See, e.g., Exodus 20:5. Think this has no application to the suspension and debarment context? Think again. In the updated version of the narrative, however, the aggrieved blameless contractors are appealing to another higher authority…
November 29, 2011
As part of the President’s Campaign to cut Fraud, Waste, and Abuse, the Office of Federal Procurement Policy (OFPP) has directed agencies to “ensure they are fully equipped to suspend and debar contractors and other recipients whenever necessary to protect the government’s interest.” The Administration believes that effective suspension and debarment programs play an important role in…
September 22, 2010
Legislation approved by the House last week would require federal agencies to propose for debarment federal contractors found to have violated the Foreign Corrupt Practice Act (FCPA). The FCPA prohibits giving or offering to give anything of value to a foreign official for the purpose of obtaining or retaining business for or with any foreign government.
The new legislation – the 2010 …September 11, 2009
A proposed regulation would amend the Federal Acquisition Regulation (FAR) to require government contract offerors with over $10 million in federal grants and contracts to provide information relating to criminal convictions, civil judgments and administrative proceedings directly into a new information system maintained by the government.
Under §872 of the 2009 Defense Authorization Act, the…June 3, 2009
The Service Contract Act (SCA) imposes a three-year debarment for a contractor’s failure to pay its employees prevailing wage rates and fringe benefits specified by the Department of Labor.
Because the SCA regulations impose debarment for all violations of the Act unless the contractor can show “unusual circumstances,” debarment for SCA violations is theoretically the norm, not the…
February 26, 2009
Today, in response to a Government Accountability Office (GAO) report citing several instances of suspended and debarred contractors continuing to receive federal government contracts, the U.S. House of Representatives’ Committee on Oversight and Government Reform held a hearing examining the effectiveness of the Excluded Parties List System (EPLS) – the federal database intended to prevent…
February 11, 2009
The Obama Administration’s push for quick returns on the economic stimulus may have an adverse effect: more fraud.
March 19, 2012
We recently wrote about the November 15, 2011 directive from the Director of OMB telling agencies to step up their suspension and debarment procedures. Click hereto read the OMB directive in its entirety.
More current events make clear that Congress means business when it comes to this issue.
First, the Consolidated Appropriations Act of 2012. This…
March 12, 2012
The Government Accountability Office recently found that most federal agencies lack active and effective suspension and debarment programs, putting the government at unnecessary risk of waste, fraud, and abuse.
To remedy this situation, the Director of OMB has directed agencies to take the following actions:
December 20, 2011
In the Old Testament, a jealous God threatens on various occasions to visit the sins of the father to the third or fourth generations. See, e.g., Exodus 20:5. Think this has no application to the suspension and debarment context? Think again. In the updated version of the narrative, however, the aggrieved blameless contractors are appealing to another higher authority…
November 29, 2011
As part of the President’s Campaign to cut Fraud, Waste, and Abuse, the Office of Federal Procurement Policy (OFPP) has directed agencies to “ensure they are fully equipped to suspend and debar contractors and other recipients whenever necessary to protect the government’s interest.” The Administration believes that effective suspension and debarment programs play an important role in…
September 22, 2010
Legislation approved by the House last week would require federal agencies to propose for debarment federal contractors found to have violated the Foreign Corrupt Practice Act (FCPA). The FCPA prohibits giving or offering to give anything of value to a foreign official for the purpose of obtaining or retaining business for or with any foreign government.
The new legislation – the 2010 …September 11, 2009
A proposed regulation would amend the Federal Acquisition Regulation (FAR) to require government contract offerors with over $10 million in federal grants and contracts to provide information relating to criminal convictions, civil judgments and administrative proceedings directly into a new information system maintained by the government.
Under §872 of the 2009 Defense Authorization Act, the…June 3, 2009
The Service Contract Act (SCA) imposes a three-year debarment for a contractor’s failure to pay its employees prevailing wage rates and fringe benefits specified by the Department of Labor.
Because the SCA regulations impose debarment for all violations of the Act unless the contractor can show “unusual circumstances,” debarment for SCA violations is theoretically the norm, not the…
February 26, 2009
Today, in response to a Government Accountability Office (GAO) report citing several instances of suspended and debarred contractors continuing to receive federal government contracts, the U.S. House of Representatives’ Committee on Oversight and Government Reform held a hearing examining the effectiveness of the Excluded Parties List System (EPLS) – the federal database intended to prevent…
February 11, 2009
The Obama Administration’s push for quick returns on the economic stimulus may have an adverse effect: more fraud.
