DOD DLA Debarment & Suspension

Experienced Federal Defense Counsel for DOD and DLA Contractors Facing Debarment and Suspension

Attorney Nick OberheidenDOD DLA Debarment & Suspension Defense Team Lead

For federal defense contractors, facing debarment or suspension can have serious financial consequences. In some cases, it can have additional legal consequences as well. If a U.S. Department of Defense (DOD) or Defense Logistics Agency (DLA) contractor is accused of procurement fraud, attempted bribery, or any other federal offense, debarment or suspension proceedings and criminal prosecution could go hand-in-hand.

Our federal defense lawyers represent defense contractors in DOD/DLA debarment and suspension proceedings and other federal legal matters. We handle proposed debarments and suspensions, debarment and suspension appeals, federal law enforcement investigations, U.S. Department of Justice (DOJ) prosecutions, and all other types of legal proceedings. If your company is facing DOD/DLA debarment or suspension, ur team can provide comprehensive defense representation, and we can fight to protect your company’s ability to conduct business with the DOD or DLA by all means available.

Matters We Handle

We handle all federal legal matters for defense contractors facing debarment or suspension by the DOD or DLA. This includes (but is not limited to):

Proposed DOD/DLA Debarments & Suspensions

If you have received a notice of proposed debarment or suspension, you need to act quickly. At this stage, the DOD or DLA should already have adequate evidence in its possession to support its decision to pursue debarment or suspension, and you will need to present an effective defense to preserve your company’s status as an authorized federal government contractor.

The DOD and DLA can pursue debarment and suspension for a variety of reasons; and, when you receive a proposed debarment or suspension notice, understanding why is a critical first step. Our lawyers can work quickly to determine why the DOD or DLA is proposing to terminate your company’s ability to contract (either temporarily or permanently), and then we can advise you accordingly.

Some examples of potential grounds for suspension or debarment by the DOD or DLA include:

Defense procurement fraud (i.e., bid rigging and intentional misrepresentation of costs)
Non-compliance with defense contracts (i.e., failure to deliver goods as contracted)
FARS and DFARS violations
Billing contractor fraud under defense contracts
Bribery and corruption (including attempted bribery and corruption)
Criminal convictions for misrepresenting goods as being “Made in America”
Other criminal convictions pertinent to a defense contractor’s integrity or ability to perform

Again, these are just examples. If your company is facing DOD/DLA suspension or debarment, it is critical not to make any assumptions about why this is the case. You need to ensure that you are making informed and strategic decisions, and this means that you need experienced federal defense counsel on your side.

Our defense lawyers can represent your company during the DOD’s or DLA’s fact-finding process, and we can raise both substantive and procedural defenses to help protect your company’s government contract eligibility. If warranted, we can also work to negotiate a resolution with the DOD or DLA that avoids a formal suspension or debarment.

DOD/DLA Debarment & Suspension Appeals

Along with representing defense contractors in proposed debarment and suspension matters, we also represent defense contractors that need to appeal their DOD/DLA debarments and suspensions. Defense contractors may be able to challenge their debarments and suspensions on various grounds, including (but not limited to):

Inappropriate basis for the suspension or debarment
Failure to conduct adequate fact-finding proceedings (including a fact-finding hearing)
Failure to provide adequate opportunity to oppose the proposed suspension or debarment

Here too, these are just examples. Due to the substantial costs associated with DOD/DLA suspension or debarment, if your company has been suspended or debarred, we strongly encourage you to speak with one of our defense lawyers about your company’s options. We can assess whether all substantive and procedural requirements were satisfied during the suspension or debarment process; and, if they weren’t, we may be able to appeal your company’s suspension or debarment on statutory, due process, or other grounds.

Federal Law Enforcement Investigations Targeting Defense Contractors

In many cases, the allegations that can lead to DOD/DLA suspension or debarment can also lead to scrutiny from the DOJ and/or other federal law enforcement authorities. If your company is facing a federal law enforcement investigation (or is at risk of facing a federal law enforcement investigation), our defense lawyers can provide representation here as well.

We have extensive experience defending companies and individuals in federal investigations under the False Claims Act, the Truth in Negotiations Act (TINA), and other pertinent federal statutes and regulations. Along with career federal defense lawyers, our team includes former DOJ prosecutors and former Special Agents with the Federal Bureau of Investigation (FBI) and other federal agencies who have had success on both sides of high-stakes federal investigations.

Federal Civil & Criminal Charges Targeting Defense Contractors

Our former DOJ prosecutors and former Special Agents have had success on both sides of federal law enforcement proceedings as well. This includes cases involving charges under both the criminal and civil False Claims Act, and a wide range of other federal statutes. If your company (or if you personally) are at risk of facing charges in connection with a proposed DOD/DLA suspension or debarment proceeding—or if you are facing charges that have the potential to lead to suspension or debarment—we can provide effective representation in plea deal negotiations or in court as warranted.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Why Choose Oberheiden P.C. for DOD/DLA Debarment & Suspension Defense

If your company is facing DOD/DLA debarment or suspension (or any other legal consequences related to defense contracting), why should you choose Oberheiden P.C.? Here are just some of the compelling reasons why defense contractors choose us when they need legal representation for high-stakes federal matters:

Our Experience – We have extensive deep experience in federal procurement matters, including matters involving defense contracting. We also have deep experience in federal civil and criminal enforcement matters under the False Claims Act and other pertinent federal statutes.
Our Focus – Our practice is focused primarily on complex federal defense. This includes defending defense contractors and other parties accused of fraud, corruption, and other civil and criminal offenses. While we handle other legal matters as well, this is the crux of what we do, and it is the foundation of our practice.
Our Team – Our team, led by founding attorney Nick Oberheiden, PhD, includes former DOJ prosecutors as well as former Special Agents with the DOJ, FBI, DOD-OIG, and other federal authorities. As a result, we know federal law enforcement matters inside and out.
Our Communication – We prioritize effective communication with our clients and with the federal government. You will work directly with our senior attorneys throughout your company’s DOD/DLA debarment or suspension case, and our attorneys, with their clear and comprehensive understanding of the topic, will help you make informed and strategic decisions every step of the way.
Our Results – We have an extensive track record of success in high-stakes federal cases, including suspension and debarment proceedings, appeals, and civil and criminal law enforcement matters. While there are no guarantees, we will rely on the insights gained from our success to execute a targeted defense strategy on your company’s behalf.

FAQs: DOD/DLA Debarment & Suspension

Why is the DOD/DLA Targeting My Company for Debarment or Suspension?

The DOD and DLA target companies for debarment or suspension for a variety of different reasons. The notice you received from the DOD or DLA should state the reason for your company’s proposed debarment or suspension. Our attorneys can engage with the DOD or DLA on your behalf to gather additional information.

How Can Companies Avoid a DOD/DLA Debarment or Suspension?

Avoiding debarment or suspension by the DOD or DLA requires an informed and strategic defense. Whether the allegations against your company are entirely misguided or you need to target a settlement that protects your company’s ability to continue business dealings with the DOD or DLA, our attorneys can help.

How Can Companies Challenge a DOD/DLA Debarment or Suspension?

Debarred or suspended contractors for the DOD or DLA may be able to challenge the decision in federal court. Defense contractors that have been debarred or suspended by the DOD or DLA may be able to challenge their debarment or suspension in federal court. While there are a variety of potential grounds for filing an appeal, it is imperative to pursue a litigation strategy based on the specific facts and circumstances at hand.

Do I Need a Law Firm to Fight DOD/DLA Debarment or Suspension?

Due to the substantial challenges and risks involved, engaging a law firm to fight DOD/DLA debarment or suspension is strongly advised. At Oberheiden P.C., we represent defense contractors in debarment and suspension proceedings across the United States.

What Should I Do if I Have Received a Notice of Proposed Debarment or Suspension from the DOD or DLA?

If you have received a written notice of proposed debarment or suspension from the DOD or DLA, you should review the notice carefully, and then you should engage experienced defense counsel promptly. Time is of the essence, and it will be important to begin building and executing your company’s defense strategy right away.

Speak with a Federal Defense Lawyer at Oberheiden P.C. in Confidence As Soon As Possible

Our lawyers are available to speak with you if your company is facing debarment or suspension by the DOD or DLA. For free, no-obligation consultation, call 888-680-1745 or tell us how we can reach you online now.