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The fourth edition of the Practitioner's Guide to Suspension and Debarment captures and addresses important trends and changes that have occurred in the practice of suspension and Debarment during the 15 years since the last edition. In the past, suspension and debarment were relatively infrequent, and specialized administrative actions were pursued primarily by the Department of Defense (DOD) and a few select civilian agencies. In recent years, federal agencies across the executive branch have made a concerted effort to develop more robust, standardized, and well-coordinated suspension and debarment programs. Simultaneously, suspension and debarment activity has become the focus of both greater government oversight and increased inter-agency coordination. The result has been an unprecedented surge in suspension and debarment activity, both under the Federal Acquisition Regulation (FAR) for federal procurement programs and under the Nonprocurement Common Rule (NCR) for other federal transactions.
The Guide is designed to serve as a practical guide for legal practitioners in both government agencies and private practice, and the working group that prepared the Guide represents a cross-section of the suspension and debarment bar, including agency officials, attorneys in private practice, and other consultants and experts. The Guide is not merely a description of the current state of the law, but rather a practical guide that reflects insights and wisdom gained from the collective experience of the contributors. And unlike prior editions of the Guide, we have expanded this edition to provide guidance on actions brought under the NCR, as well as to cover the unique considerations when dealing with individuals proposed for suspension or debarment.