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Suspension and debarment are powerful administrative tools that the Government uses to exclude from federal contracting entities that are not “presently responsible.” These exclusions can be lengthy, effectively shutting debarred or suspended contractors out of the lucrative federal marketplace for years. Even after the period of exclusion ends, disclosure requirements in connection with proposal submissions and teaming arrangements make it difficult for a previously debarred or suspended contractor to shed the stain of a prior exclusion. Because of these severe consequences, contractors shape their compliance programs, organizational cultures, and conduct to minimize the risk of creating cause for debarment or suspension.

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As directed by EO 14398, the FAR Council amended FAR Part 9 to add “failure to comply with the requirements of the clause at 52.222-90” as a cause for both debarment, based on a preponderance of the evidence, FAR 9.406-2(b)(1)(viii), and suspension, based on adequate evidence, FAR 9.407-2(a)(11). But can a contractor actually be debarred or suspended based on diversity, equity, and inclusion (DEI) activities? There appear to be several practical, procedural, and legal barriers to this, and in fact, such an exclusion could be ripe for legal challenge.

To read the full article, please click <a href="https://admin.blankrome.com/wp-content/uploads/2026/06/GOVTCONT_68_21_132.pdf">here</a>.

"Debarment or Suspension Based on a DEI Program? Let’s Think It Through," by Dominique Casimir was published in <a href="https://admin.blankrome.com/wp-content/uploads/2026/06/GOVTCONT_68_21_132.pdf">The Government Contractor</a>, Volume 68 Issue 21, on June 3, 2026.

Dominique L. Casimir

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Debarment or Suspension Based on a DEI Program? Let’s Think It Through

<a href="https://admin.blankrome.com/wp-content/uploads/2026/06/GOVTCONT_68_21_132.pdf">Download This Article</a>

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