I recently commented to Law360 on the findings of the ISDC’s report on suspension and debarment activity in FY2018. The report, which is available here, shows an increased used of tools such as proactive engagement by contractors, pre-notice letters, and administrative agreements by suspending and debarring officials, all of which indicate an increased willingness to consider measures short of exclusion to address compliance weaknesses, particularly where those weaknesses do not pose a risk to the government.
“There are a number of contractors providing key services and key goods to the U.S. government and it’s better to figure out a way to improve their compliance than eliminate them from the contracting market, generally speaking,” I explained in the article.
The full article, “New Report Shows Feds’ Nuanced Approach to Contractors,” was published by Law360 on November 7, 2019, and is available online.