Federal Contracting Debarment Proceedings Attorneys in Dallas, TX
The Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS) govern debarment proceedings for federal government contractors. Debarment is an administrative action that can exclude a contractor from government contracting due to a lack of “present responsibility” or other specified causes. “Present responsibility” is the government’s standard for assessing whether a contractor can currently be trusted to perform federal contracts with integrity, reliability, and competence, despite past misconduct.
The FAR outlines specific causes for debarment, which include both mandatory and discretionary grounds:
- Mandatory causes include convictions or civil judgments for fraud, bribery, tax evasion, or other crimes indicating a lack of business integrity that directly affect the contractor’s present responsibility.
- Discretionary causes include violations of contract terms, such as willful failure to perform, history of unsatisfactory performance, or other compelling reasons that affect the contractor’s present responsibility.
Debarment is not a criminal or punitive action; its purpose is to protect the government and ensure that contractors performing federal work are reliable and responsible.
Why Contractor Debarment Is Used with Extreme Care
Debarment is a serious step, and the FAR requires it to be based on a preponderance of the evidence. Contractors are entitled to present evidence, information, and arguments in opposition to the proposed debarment.
Bars are sometimes needed, but when? This is the critical issue in debarment cases: Is debarment necessary to protect the government’s interest under the facts and circumstances? Of course, in DFAR cases, where national security, military readiness and defense matters are involved, a heightened level of scrutiny is required. A careful review ensures a balance between government protection and fair treatment of the contractor.
Why Choose Coleman Jackson, P.C. to Represent You?
Federal contracting is a lucrative and niche marketplace, and debarment can cause severe economic and reputational harm. Contractors facing debarment from future participation in the government procurement marketplace should pursue a robust legal defense.
Our Dallas-based law firm can help contractors facing debarment marshal evidence to demonstrate present responsibility and show mitigating factors. Our services include:
- Timely disclosure and cooperation: Assist contractors in showing they reported the activity leading to debarment promptly and fully cooperated during investigations or prior proceedings.
- Remedial actions: Help assemble and present evidence of corrective measures, including new compliance programs, cybersecurity protocols, accounting systems, staffing adjustments, ethics training, and internal controls.
- Mitigating factors: Highlight factors such as lack of prior wrongdoing, the age of misconduct, changes in technology or operations, or subsequent compliance with government contracts.
- Present responsibility: Demonstrate that the contractor meets all requirements of present responsibility by a preponderance of the evidence.
- Administrative advocacy: Represent contractors vigorously in debarment hearings, raising procedural and substantive defenses appropriate to the circumstances.
Get Expert Defense for Federal Contracting Debarment
Facing debarment from government contracts? Contact Coleman Jackson, Professional Corporation today at (214) 599-0431 for experienced legal guidance and representation in debarment proceedings.
