Few moments in a federal employee’s career are more alarming than receiving a Notice of Proposed Debarment. It’s the government’s way of saying you may be barred from future federal employment for years — often following allegations of misconduct, falsification, or integrity concerns.

But here’s what most employees don’t realize: a proposed debarment is not final. You have the right to respond, present mitigating evidence, and challenge procedural errors before the agency makes its decision. A well-crafted response can shorten, reduce, or even eliminate the debarment entirely.

At National Security Law Firm (NSLF), our federal employment lawyers defend employees and former federal workers nationwide who have been accused of misconduct or are facing suitability-based debarments under 5 C.F.R. Part 731.

This guide explains the process, what’s at stake, and how to protect your eligibility to work in federal service again.

What Is a Federal Debarment?

A debarment is an official government action that prohibits you from federal employment for a specified period — typically one to three years.

Under 5 C.F.R. § 731.303, an agency may propose to debar a former employee or applicant when it determines that your past conduct raises suitability concerns such as:

  • Falsification of documents (e.g., doctor’s notes, timecards, or employment forms).

  • Failure to follow official procedures or directives.

  • Misrepresentation during investigations or employment processes.

  • Misconduct or negligence in employment.

  • Criminal or dishonest conduct.

  • Refusal to furnish testimony or cooperate with an official inquiry.

Debarments are handled by each agency’s Suitability or Human Resources Division, following procedural requirements established by the Office of Personnel Management (OPM).

The Legal Framework

Debarments are governed primarily by 5 C.F.R. Part 731 (Suitability and Debarment). The law gives agencies the authority to deny or restrict future employment when they find that an individual’s conduct “may have a bearing on the integrity or efficiency of the service.”

However, due process is required. The agency must:

  1. Issue a written notice of the proposed action.

  2. Provide a statement of reasons and evidence supporting the debarment.

  3. Allow the individual to respond in writing (typically within 30 days).

  4. Issue a final decision that is based on substantial evidence.

If these steps aren’t followed precisely, the debarment can be challenged and overturned.

Common Grounds for Debarment

NSLF has represented clients in debarments arising from a wide range of allegations, including:

  • Submitting allegedly fraudulent medical or leave documentation.

  • Failure to follow leave or attendance procedures.

  • Misuse of government systems or resources.

  • Falsification or omission of material information in an investigation or on a security form (SF-86, OF-306, etc.).

  • Integrity or judgment concerns following an internal agency inquiry.

  • Post-termination conduct deemed “unsuitable” for future employment.

Even if an underlying removal or misconduct charge is uncontested, debarment is a separate legal action — and the agency still must prove the action promotes the efficiency of the service.

Why Debarment Matters

A debarment affects more than your ability to reapply for a federal job. It can:

  • Appear in OPM’s Suitability Database, visible to all federal HR offices.

  • Block eligibility for contractor positions requiring suitability or security clearance.

  • Impact your ability to regain a clearance or work for cleared companies.

  • Limit your retirement reinstatement rights or preference eligibility.

In other words: if you don’t respond, you’re not just losing one job — you could be closing the door to an entire career in federal service.

Your Right to Respond

Every proposed debarment comes with an opportunity to respond in writing before the agency issues a final decision. This is your chance to present your side and demonstrate rehabilitation, context, and proportionality.

Your response should:

  1. Address the specific allegations.

    • Explain the circumstances.

    • Clarify intent (e.g., no intent to defraud, misunderstanding of procedure).

  2. Provide mitigating evidence.

    • Prior performance records or awards.

    • Documentation of medical conditions or family emergencies.

    • Letters of reference or statements of support.

  3. Highlight procedural or due process issues.

    • Missing evidence, investigation flaws, or lack of notice.

  4. Show rehabilitation.

    • New employment or volunteer work demonstrating reliability.

    • Completion of ethics, compliance, or professional training.

Timing is critical:
Most agencies allow 30 calendar days to submit a written response. Failing to respond makes the debarment automatic.

How Agencies Decide

Agencies must consider both aggravating and mitigating factors under 5 C.F.R. § 731.202(c), including:

  • Nature and seriousness of the conduct.

  • Recency of the offense.

  • Relevance to the duties of future federal employment.

  • Frequency and pattern of similar behavior.

  • Circumstances surrounding the conduct.

  • Evidence of rehabilitation or change.

Even when misconduct is substantiated, the agency must show that the length and scope of the debarment are reasonable. NSLF regularly argues that shorter periods—or no debarment—better serve the efficiency of the service when rehabilitation is clear.

How NSLF Builds a Defense

At National Security Law Firm, we treat debarment responses like litigation. Our attorneys include former federal agency counsel who have overseen these very processes from the inside.

We start by:

  1. Obtaining the full investigative record to verify evidence and timelines.

  2. Identifying procedural violations — often fatal flaws in notice or jurisdiction.

  3. Drafting a comprehensive written response that frames the client as rehabilitated, responsible, and fit for future service.

  4. Negotiating with the agency’s adjudicators for reduced or conditional debarments.

In many cases, we’ve secured outcomes where:

  • A proposed 3-year debarment was reduced to one year or less.

  • The agency rescinded the debarment entirely after reviewing our submission.

  • The client regained eligibility for reinstatement and cleared their record with OPM.

The Worst Mistake: Ignoring the Notice

Ignoring a proposed debarment is the most damaging mistake federal employees make.
Once finalized, your name is flagged in OPM’s Suitability Database, visible to HR offices across all federal agencies.

That means even after the debarment period ends, future applications may trigger extra scrutiny and suitability re-investigations. A timely, well-reasoned response can prevent that long-term harm.

What to Do Now

  1. Do not ignore the deadline.
    You typically have 30 days to respond.

  2. Request the full investigative file.
    You have the right to see the evidence being used against you.

  3. Consult experienced federal employment counsel.
    A strong written submission can turn a career-ending debarment into a manageable, short-term setback.

Why Choose NSLF

  • 4.9-star Google rating from clients nationwide.

  • Washington, D.C.–based with nationwide reach.

  • Former agency attorneys who know the federal system inside and out.

  • Veteran-founded, mission-driven, and focused on results.

  • Attorney Review Board process ensuring every case gets multi-attorney strategy input.

Our lawyers—including Jeff Velasco, Danielle Moora, and Karen Hickey—have decades of combined experience advising DHS, DOJ, and State Department components on suitability and disciplinary actions. Now, they use that insider knowledge to protect federal employees and contractors from unfair or excessive debarments.

Explore the Federal Employment Defense Resource Hub

For more strategies on defending your federal career, visit our Federal Employment Defense Hub.

You’ll find:

  • Guides to disciplinary and suitability actions.

  • Sample response strategies for proposed removals and debarments.

  • Insider tips on how agencies evaluate integrity and rehabilitation.

Also read: Finding the Best Federal Employment Lawyer—Why Local Isn’t Always Better.

Book a Free Consultation

If you’ve received a Notice of Proposed Debarment, the clock is already ticking.
You have the right to respond—and the right to fight back.

Let our attorneys help you prepare a response that protects your reputation and keeps your federal career alive.

Book your free consultation today.

National Security Law Firm: It’s Our Turn to Fight for You.