How to Respond to A Notice of Proposed Debarment from the U.S. Government
This brief guide is designed to provide on-point legal information about responding to a notice of proposed debarment from the U.S. Government. Most common grounds for proposed debarment include: mischarging, bribes, convictions, or inflating qualifications. However, there are many others.
Make Sure You Meet The Deadline To RespondProviding responses and submissions within deadlines set by the U.S. Government is very important. Some notices of proposed debarment may be delayed or arrive at addresses no longer in use. Either way, it is very important to meet the deadline or request an extension. The Federal Acquisition Regulation states that generally a debarment may last for 3 years.
Decide if You or Your Legal Counsel Will Provide ResponsesNo legal representation is required to provide responses to a notice of proposed debarment. Each response is expected to address specific factors listed in the Federal Acquisition Regulation. Hiring an experienced legal representative may expedite the process, assist in identifying important facts, making effective legal arguments, and preparing for a meeting with an Agency Suspension and Debarment Official.
Develop Evidence To Show "Present Responsibility"The Federal Acquisition Regulation and agency specific regulations discuss different factors that Agency Suspension and Debarment Officials must consider before taking action on a notice of proposed debarment or suspension. Each case is different because it has different facts. In order to provide effective responses, factors listed in the Federal Acquisition Regulation, Subpart 9.4 must be addressed.
Preparing for a Meeting with An Agency Suspension and Debarment OfficialMany agencies would like to meet with an individual (and/or a company) proposed for debarment or suspension before taking action. In order to have an effective meeting, it is very important to adequately prepare for it. This is the last opportunity to address any outstanding issues before the U.S. Government makes a decision on the notice of proposed debarment. positive impression and dispel any U.S. Government concerns.