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On January 3, 2025, the Defense Department, GSA, and NASA (together, the "FAR Council") published its final rule amending the suspension and debarment procedures under the Federal Acquisition Regulation ("FAR"). The rule, which is also based on recommendations from the Interagency Suspension and Debarment Committee, adds language to improve consistency between the procurement and non-procurement procedures on suspension and debarment.

The final rule takes effect on January 17, 2025.

By way of background, there are two different regulatory systems for suspension and ...

The United States District Court for the Northern District of Alabama recently held that the government cannot continue the suspension of a government contractor where the government does not initiate legal proceedings against the contractor within 18 months.

In Agility Defense and Government Services, Inc., et al. v U.S. Dept. of Defense, et al. DOD suspended Agility International and Agility Defense and Government Services for no reason other than that they were affiliated with Public Warehousing Company, a Kuwaiti corporation. The court noted that while the government has ...