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Expert Analysis

Changing The Balance Of Power In Debarments, Suspensions

Law360, New York ( July 24, 2012, 12:57 PM EDT) -- Current procedures do not give contractors in fact-based and imputed procurement suspensions and debarments a "timely opportunity" to contest notices of proposed debarment, as first promoted by the Administrative Conference of the United States ("ACUS") in 1962. As a result, contractors are forced to capitulate to government allegations and demands without receiving due process protections suggested by the courts and called for by both ACUS and the American Bar Association. . . .

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