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Entries in debarment (60)


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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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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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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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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Suspension & Debarment Part I: An Introduction

This is the first post in a series that will provide a broad overview of the U.S. administrative S&D regime, a discussion of recent legislative activity, and information about comparable debarment regimes that may also be triggered by the bribery of foreign government officials.

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Debarment Talk From The ADB

The Asian Development Bank debarred 34 individuals last year, and 31 firms. Debarred means they're illegible to participate in ADB-financed, administered, or supported activities.

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Response To 'A House of Cards'

Ouch. While Jessica Tillipman's recent post describes my article FCPA Sanctions: Too Big to Debar (co-authored with Nicholas Wagoner) as “all slogan and little substance,” it is her response -- both here and in the Fordham online-only editorial blog, that engages primarily in name-calling and insults.

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A House of Cards Falls: Why ‘Too Big to Debar’ is All Slogan and Little Substance

No company, regardless of its size or industry, is immune from potential FCPA liability if it does business abroad. Why then, has "FCPA Sanctions: Too Big to Debar" by Drury Stevenson and Nicholas Wagoner, singled-out and declared war on large government contractors? Because it can—large government contractors are not sympathetic.

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The Misguided Call For Mandatory Debarment

The U.S. Government spent nearly $538 billion dollars in Fiscal Year 2010 for goods and services provided by private contractors.

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Amending the FCPA: If It Ain't Broke . . . .

Only time will tell if Congress sticks with the old adage, "If it ain't broke, don't fix it," or trades it in for a new one: "If it ain't broke, don't enforce it...then fix it."

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BAE Fined $79 Million By State Dept, Not Debarred

The State Department yesterday entered what it called a civil settlement with BAE for alleged violations of the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR) (22 C.F.R. Parts 120-130). No court action was involved.

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Was BAE Too Big To Debar?

Last March the FCPA Blog posted an article that asked: Debarment for BAE? It has been a little over a year now, and the answer of course, is no.

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