Related Practices
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Federal agencies engage in reciprocal government-wide suspension and debarment of contractors found to have engaged in various types of procurement fraud or other wrongful behavior. During the debarment investigation the contractor may be suspended from contracting. Covington represents clients threatened with debarment or suspension due to their own alleged fraud, or that of their employees or business partners, from the time the problem is discovered through agency hearing and decision. Working in close collaboration with our white collar & investigations group, we help clients perform internal investigations of possible wrongdoing and respond properly to the results of such investigation. We advise clients about whether they need to disclose specific types of alleged misconduct to the Government and help negotiate administrative settlement agreements that provide for increased compliance measures to avoid suspension and debarment. In the event the matter cannot be resolved earlier in the process, we represent clients before agencies in debarment hearings.
Representative Matters
- Representation of a large Puerto Rican construction company and its principal in Department of Transportation FHWA suspension and debarment proceeding.
- Representation of defense manufacturer in debarment proceedings before U.S. Army, including internal investigation and preparation of response to the agency debarment official.
- Representation of Enron-related defendant in GSA debarment proceedings.
- Negotiation of complex settlement of allegations of misrepresentations in engineering services contract to avoid debarment and False Claims Act liability.
- Investigation and reporting of Anti-Kickback Act violations by employee of Fortune 50 technology client.
- Counseling regarding US contracting disclosure and certification requirements resulting from initiation of criminal proceedings against client’s corporate officers in South America and from US indictment of corporate board member.
- Advice to potential investor about likelihood of adverse debarment action resulting from alleged misconduct by target company’s employees.
- Assessment of debarment risk related to conduct of a former corporate affiliate.
- Internal investigation and negotiations concerning Anti-Kickback Act issues for transportation industry client.
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