New Report Shows Feds' Nuanced Approach To Contractors

Mike Wagner is quoted in Law360 regarding the 2018 Suspension and Debarment report. Mr. Wagner says “that modest decline in suspension and debarment activity over time has also been offset in part by suspension and debarment officials' increased use of alternative measures. This dual trend is interesting — I think it speaks to the overall evolution of the practice of suspension and debarment at the federal level. We are moving toward a more nuanced and sophisticated approach rather than a one-size-fits-all approach."

He adds that in addition to the growing use of alternative measures by suspension and debarment officials, or SDOs, another important takeaway from the ISDC report is the increasing number of "proactive engagements" by contractors who have reached out to the government after discovering potential misconduct or other issues within their operations. While the report says that there were only 40 such engagements in 2018, that number is still higher than it has been in the past, and is also probably underreported, as agencies aren't formally required to track those engagements.

"I think it's important for contractors to make sure, if they find themselves in a situation where they're dealing with a potential suspension or debarment issue, that they well understand the particular practices and conventions of the agency they're dealing with."