Includes Duplicative Debarment for Late Taxes and Crimes
AGC filed comments this week on a Federal Acquisition Regulation (FAR) Council proposed rule that would prohibit federal agencies from entering into a contract with any corporation that has a delinquent federal tax liability or a felony conviction under any federal law, unless (1) the agency has considered suspension and debarment of the corporation and (2) has made a determination that such action is unnecessary.
In its comments, AGC explains why this proposed rule is unnecessary and should be withdrawn because existing statutory and regulatory frameworks already in place that levy penalties, including incarceration, for violating federal tax and criminal law. Additional protections also exist to protect the public interest through the suspension and debarment process. In the event the FAR Council moves to issue a proposed rule, AGC puts forth several concerns that must be addressed: (1) defining the term “corporation;” (2) ensuring the finality of criminal convictions for disclosure; and (3) preventing bureaucratic delays from impacting the economy and efficiency of the federal procurement process.
For more information, please contact Jimmy Christianson at 703-837-5325 or christiansonj@agc.org.