Slides for Webinar
In February 2024 GW Law held an hourlong webinar on a proposed rule which would reshape federal debarment to consolidate the contracts and grants regimes. Many have long argued for this reform, and a 2017 Public Contract Law Journal article by Robert Meunier and Trevor Nelson described the issue in detail.
Traditionally, debarments have been handled similarly — but not identically — for federal grantees and contractors. The proposed rule harmonizing the two systems has been anticipated for years, and it contains some surprises. Contrary to what many had expected, for example, the proposed rule would leave in place a long-criticized distinction between the two systems: when a federal contractor (unlike a grantee) is notified that it is being considered for debarment it is instantly ineligible for further contract awards.
The expert panel discussed key aspects of the proposed rule in an open, interactive session.
Panelists
Sarah Drabkin serves as the Suspension and Debarment and Whistleblower Manager in the Office of the Procurement Executive at the U.S. Department of State.
Duc Nguyen, a former debarring official at the U.S. Environmental Protection Agency (EPA), now is a managing director with Affiliated Monitors, Inc.
John Pachter, now senior counsel at the international law firm of Haynes Boone, co-teaches GW Law’s seminar on debarment and has extensive experience in debarment and monitoring.
Associate Dean Jessica Tillipman writes and teaches regularly on debarment at GW Law, and co-launched the Law School’s popular debarment seminar.
Christopher Yukins (moderator), the Lynn David Research Professor in Government Procurement Law at GW Law, co-teaches the Law School’s debarment seminar.
Resources
ABA Committees To Hold Joint Meeting on Developments in International Debarment (2020)
ABA Public Contract Law Section’s comments on proposed debarment rule (Mar. 5, 2024)
Edward V. Arnold (Seyfarth), FAR Council Proposes Revisions to Suspension and Debarment Rules (Jan. 18, 2024)
Emmanuelle Auriol & Tina Søreide, An Economic Analysis of Debarment, 50 Int’l Rev. L. & Econ. 36 (2017) (arguing that debarment needs to be rethought in light of its competitive impacts)
Interagency Suspension and Debarment Committee Releases December 2023 Report
King’s College, London – GWU Law School Annual Symposium: Exclusion and Debarment (2019)
Robert Meunier & Trevor Nelson, Is It Time for a Single Federal Suspension and Debarment Rule?, 46 Pub. Cont. L.J. 553 (2017).
John Pachter, Comments on Proposed Rule (Mar. 6, 2024) (urging that a notice of proposed debarment should not result in immediate exclusion, and that the proposed rule should be strengthened to confirm the opportunity to demonstrate non-receipt of notice).
John Pachter, Christopher Yukins & Jessica Tillipman, U.S. Debarment: An Introduction, in The Cambridge Handbook of Compliance (eds. Benjamin van Rooij and D. Daniel Sokol (Cambridge University Press 2021))
Kendra Perkins Norwood & Edrius D. Stagg (Reed Smith), Proposed rule seeks to update suspension and debarment rules for federal procurements (Jan. 2024)
David Robbins, Feature Comment: Is It Time to Define “Present Responsibility”?, 64 Gov. Contractor para. 307 (2022) (available as part of a submitted comment at Regulation.gov)
Kara M. Sacilotto, One Is the Loneliest Number: A Case for Changing Suspension and Debarment Regulations to Better Address Potential Exclusion of Individuals, 47 Pub. Cont. L.J. 479 (2018) (available on Westlaw, ABA website and JStor)
Sonia Tabriz & Kyung Liu-Katz (Arnold & Porter), FAR Council Proposes Updates to Suspension and Debarment Procedures for Procurement Transactions (Feb. 2024)
Jessica Tillipman & Samantha Block, Canada’s Integrity Regime: The Corporate Grim Reaper, 53 Geo. Wash. Int’l L. Rev. 475 (2022)
United Kingdom, Procurement Act 2023 (debarment discussed at Article 59 and in other provisions addressing vendor exclusion).
U.S. Regulators Plan to Align Debarment Rules for Contracts and Grants (2020)
Webinar Series on Mandatory Debarment for Contractor Violations of U.S. Labor Laws
Christopher Yukins & Michal Kania, Suspension and Debarment in the U.S. Government: Comparative Lessons for the EU’s Next Steps in Procurement, 19-2 UrT 47 (2019)