Bid Protests, Defaults, and Debarment: Where Government Contract Disputes Turn Serious
Government contract disputes do not always begin as major litigation events. Sometimes they begin with a confusing solicitation, a disappointing award notice, a missed performance milestone, a cure notice, or an agency inquiry that seems manageable at first. The risk is that these issues can escalate quickly. A procurement dispute may affect whether a company wins or loses a valuable contract. A performance dispute may affect payment, schedule, bonding, or past performance. A default issue may create exposure beyond the…
Suspension and Debarment: The Government Contract Risk Some Companies See Too Late
For government contractors, the most serious dispute is not always the largest contract claim. Sometimes the greater risk is eligibility. A payment dispute, performance problem, investigation, agency inquiry, or show-cause issue can become more serious if the government begins questioning whether the contractor remains responsible contractor. That is where suspension and debarment risk enters the picture. Federal Acquisition Rule (FAR) Subpart 9.4 governs debarment, suspension, and ineligibility. It prescribes procedures for suspending and debarring contractors, provides for listing excluded contractors,…