Suspensions and Debarments in DOD Contracting

By

TABLE OF CONTENTS

SECTION 1: SITUATION ANALYSIS (S.A.)4

SECTION 2: PREMISE5

SECTION 3: DISCLAIMERS6

SECTION 4: WORK PLAN - RESEARCH METHODOLOGY8

Search Technique9

Literature Search10

Additional Online searches11

Search rationale11

Critical Appraisal tool11

Appraisal limitations11

Reliability and validity12

Ethical Consideration13

SECTION 5: WORK PLAN - CORE COURSE CONTENT15

SECTION 6: PROJECT DEVELOPMENT16

SECTION 7: ABSTRACT22

SECTION 8: BODY OF PAPER25

Debarment and Suspension25

Administrative Debarment25

Statutory Debarment26

Suspension26

Due Process Requirement27

1981 Congressional Hearings28

REFERENCES32

SECTION 1: SITUATION ANALYSIS (S.A.)

It has been observed that the amount that the government spends on contracts is combined with the misconduct contractor and this generates interests in the debarments and suspensions of congress. Suspensions or debarments of contractors are considered to be one of the means that is used by the agencies in order to ensure that they only deal with the contractors who fulfill the contractual and legal obligations. Debarments are used to remove the eligibility of the contractor for the contracts of the government. The contracts of the government are for a defined period of time, the suspensions on a temporary purpose that debars a contractor regarding the duration of the investigation and litigation of the agency. The law of government procurement and the laws of debarments and suspensions are either suspended or debarred either under the provisions of statutory.

The agencies of the government contract with the least qualified bidders or offerors. Suspensions and debarments are related to the responsibility of the offerors and bidders. The agencies of the government suspend and debar the contractors for precluding the dealings of the future contracts that are not responsible for fulfilling the contractual or legal obligations. Debarments remove the contractors from the eligibility of the future contracts with the government agencies for a fixed time period. Suspension debars contractors for the time duration for the investigation of an agency contract and to ensure the legal proceeding. Suspension and debarments are collectively called exclusions.

SECTION 2: PREMISE

This research study is an attempt to study the concept of suspensions and debarments in the DOD contracts. Numbers of procurement transactions may, in part, account for the greater number of suspension and debarment actions GSA has taken. In addition, none of these agencies, including GSA, have the specialized in house criminal fraud investigative capability that DOD has. They depend on the general vigilance of their Offices of the Inspector General for such investigations.

Agency officials also explained the low number of actions. For example, HHS officials told us that for the most part, they contract with research institutions and consultants, which they believe are more reputable than other types of contractors. However, others at HHS said they believe the agency is not aggressive in taking suspension and debarment actions, and noted that the HHS Inspector General has not participated in the process. HHS relies on contracting officers to initiate, refer, and coordinate suspension and debarment actions, with assistance from the Offices of Procurement Assistance and Logistics and the General Counsel. During our review, the HHS Inspector General had no ongoing contract fraud investigations other than that involving the Paradyne Corporation.

SECTION 3: DISCLAIMERS

Suspended or debarred individuals and firms are sometimes ...