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The ISDC Issues Annual Report on Federal Suspension and Debarment Activities and Trends

Client Alert | 1 min read | 04.19.22

On April 18, 2022, the Interagency Suspension and Debarment Committee (ISDC) issued its annual report to Congress on federal suspension and debarment activities for Fiscal Year (FY) 2020. During FY 2020, the ISDC continued to focus on promoting the fundamental fairness of the suspension and debarment process, increasing transparency and consistency, enhancing suspension and debarment practices and alternatives, and encouraging more effective compliance and ethics programs by government contractors and nonprocurement participants. The ISDC also formed a subcommittee to provide recommendations and assistance to the Federal Acquisition Regulatory (FAR) Counsel drafting team to better align suspension and debarment procedures in the FAR with the Nonprocurement Common Rule (NCR).

Despite the COVID-19 pandemic, the report notes that the number of debarments in FY 2020 increased from FY 2019. However, suspensions, proposed debarments, and referrals of new matters all decreased, which was a result of several factors, including delays in mail service, travel restrictions, and postponements in court proceedings. With the exception of pre-notice letters, the metrics also indicate that agencies relied more heavily on alternatives to suspension and debarment, such as administrative agreements, voluntary exclusions, post-notice engagements, and declinations. Notably, the agencies that executed alternatives to suspension and debarment varied from FY 2019, demonstrating that the government applies administrative remedies based on the particular facts presented in each case.

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Client Alert | 3 min read | 11.11.24

Allegations of a Litany of Lyin’: Penn State Settles Claims of Cybersecurity Noncompliance

On October 22, 2024, the Department of Justice (DOJ) announced that Pennsylvania State University (Penn State) will pay $1.25 million to resolve allegations that it violated the False Claims Act (FCA) by failing to comply with contractually mandated cybersecurity requirements by the Department of Defense (DoD) and National Aeronautics and Space Administration (NASA).  The announcement marks the most recent settlement under DOJ’s Civil Cyber-Fraud Initiative although, unlike prior settlements, there is no allegation of a cybersecurity incident or breach that was related to or caused by the contractor’s alleged noncompliance....