Just as with my Quick Hitter series on the FAR, my Quick Hitter series on the GSAR is meant to simplify contracting business with the government. This time with GSA.
GSAR 509.406-3 Procedures
How does a contractor get debarred with GSA? It’s not just messing with money by way of price gouging or skimming. Don’t get any ideas. I’m not giving any training on how to be a white-collar criminal. This is to teach you what not to do.
The CO is to forward waste, fraud, abuse and performance issues. That’s a big deal. I told you it wasn’t just money. It’s a gamechanger.
Unsatisfactory performance over a period of time or on multiple contracts can lead to debarment. This means that you better be capable of what you propose or you might never get another opportunity to contract with GSA ever again.
The CO is also trained to spot criminal activity and report even a suspicion of such to the Suspension & Debarment Official or OIG for investigation. I reported a company with seven different names, addresses and telephone numbers as when I contacted the company for clarification, the receptionist answered with a different company name and didn’t even know the CEO of the company with the proposal. I immediately contacted OIG and was told that even though suspicion was definitely legitimate, the appearance described was not fraudulent as the IRS allows for shell companies for purposes of tax planning. He did tell me that it spoke volumes that I called and that their tax preparer is probably in hell on an annual basis. However, nothing illegal.
What goes in a debarment report for GSA? The CO’s logic, who potentially committed punishable acts, documented facts, witnesses to potential punishable activity, history with GSA and listed criminal history
The Suspension & Debarment Official coordinates with the OGC and either initiates or declines debarment action, requests more information or forwards to OIG. The S&D keeps the CO and all involved parties in the loop all the way to a final decision.
The debarment party has 30 days to appeal, may request related internal paperwork within reason, may request an oral hearing, receive a fact finding proceeding if the S&D allows and receive an extension for cooperative behavior.
If a hearing is scheduled then all parties will be notified, documents and witnesses will be exchanged and a transcript will be drafted. The contractor will be afforded the opportunity to be represented and witnesses can be cross-examined.
Written findings are prepared by the fact finding official and presented to the S&D and the contractor.
Just like “The People’s Court”.
I know what COs are trained to look for. If you choose Robertson KX then I will not let you do anything that will raise a red flag.
If you think I can help you then email nicholas.s.robertson@outlook.com for your introductory email and free consultation.
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