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FCPA Blog Daily News

Entries in debarment (56)

Thursday
Apr112013

A government debarment professional’s response to the SUSPEND Act critique

As a government suspension, debarment and procurement fraud professional, I often worry that we spend so much time doing our jobs in this resource-constrained environment that we cede opportunities to shape the messaging and public impression of our work by not writing or engaging in outreach enough.

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Wednesday
Apr032013

The SUSPEND Act Part II: Panacea or Problem?

This is Part II of a three-part series on the SUSPEND Act.  Part I is available here.

As we discussed in Part I, the SUSPEND Act mandates repealing all civilian agencies’ suspension and debarment (S/D) authority, and replacing the independent programs with a single Board of Civilian Suspension and Debarment.

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Tuesday
Apr022013

The SUSPEND Act Part I: 'Fraudsters, Criminals, or Tax Cheats'

In recent years, suspension and debarment (S/D) programs in some federal agencies have been under pressure from the Executive Branch and Congress to increase their actions (see here, here and here).

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Tuesday
Mar052013

ADB debarments up in 2012

The Asia Development Bank said in its annual report this week that it imposed sanctions on 42 firms in 2012 and 38 individuals.

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Wednesday
Nov282012

The EPA suspends BP from contracting with the U.S. Government

The U.S. Environmental Protection Agency (EPA) announced today that it has suspended BP from the U.S. procurement system. The EPA explained that it did so because of BP's "lack of business integrity" relating to the Deepwater Horizon oil spill.  

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Thursday
Nov082012

Afghanistan's corruption blame game

Afghan President Hamid KarzaiCorruption levels are higher than ever in Afghanistan and Hamid Karzai has been quick to blame the U.S.

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Monday
Oct152012

An integrative approach to suspension and debarment? No, not yet

Last Tuesday, October 9th, the World Bank hosted a colloquium on “Suspension and Debarment,” featuring four panels of experts from around the world.

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Tuesday
Oct022012

Plea agreements won't play a big role in U.K. enforcement

Photo courtesy of the U.K. Ministry of JusticePassing legislation instead of applying resources is always tempting for governments.

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Monday
Oct012012

Colloquium on suspension and debarment: towards an integrative approach?

On Tuesday, October 9th, the World Bank will host a Colloquium on Suspension and Debarment, a tool used to "blacklist" non-responsible, corrupt or otherwise unqualified contractors.

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Monday
Jul162012

Suspension & Debarment Part IV: Discretion

As noted in FAR 9.406-1(a), “It is the debarring official’s responsibility to determine whether debarment is in the Government’s interest . . . [t]he existence of a cause for debarment, however, does not necessarily require that the contractor be debarred.”

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Monday
Jun252012

Suspension & Debarment Part III: Mechanics and Mitigating Factors

Now that we have firmly established that neither suspension nor debarment may be used to “punish” contractors, let’s go over the mechanics of FAR 9.4.

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Monday
Jun182012

Suspension & Debarment Part II: ‘Seriously, S&D May Not be Used to Punish Contractors’

As contractors like BAE and Siemens have settled large (FCPA-related) enforcement actions with the U.S. Government, there has been an epidemic of misleading and erroneous statements made about the role of suspension and debarment in the FCPA context.

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