What is Behind Increased Suspension sand Debarments
The General Accounting Office issued a report stating numerous federal agencies have “reinvigorated” their suspensions and debarment programs. In a Bloomberg interview with Todd Canni of Mckenna and Long, he states suspensions have more than doubled from 2009 to 2013 while debarments have increased at an even faster rate. Reasons cited for the increase include (1) heightened attention by Congress has resulted in increased suspension and debarment programs at many agencies (2) programs are more aggressive where now “fact based” cases are brought forward rather than in the past relying on civil and criminal judgments and (3) the government is casting a wider net where now agencies are pursuing action against more parties such as affiliated firms and individuals, increasing cases from one wrong doer to up to 20. Mr. Canni states the suspension and debarment officials (SDOs) “hold all the cards” where there is a relatively low burden of proof to impose suspension and debarment actions. In addition, FAR Part 9.4 vests the SDO with discretion to determine whether there is a cause for action, whether or not there is adequate evidence and where there are no independent checks on the SDO short of expensive litigation. These expanded programs do not necessarily mean there is an increase in wrongdoing but rather an increase in investigations. Nonetheless, with less government business and more competition Mr. Canni predicts there will be an increase in wrongdoing such as improperly obtaining and using information from source selection officials, bid and proposals or proprietary data. Similarly, bribes to government officials and primes receiving kickbacks from
