If You’re Facing Debarment, Here’s What You Need to Know

You just got a letter from a federal agency—maybe the Department of Defense (DoD), the General Services Administration (GSA), or the Department of Homeland Security (DHS). It says you’re being considered for debarment or suspension. Now your head is spinning. Will you lose your contract? Will you ever be able to do business with the government again? What happens next?

The good news is: you have options, and acting quickly can dramatically improve your outcome.

At National Security Law Firm (NSLF), we help individuals, businesses, and contractors navigate the high-stakes world of government debarment and suspension. Our job is to preserve your eligibility, protect your reputation, and get you back to work as quickly as possible.

This post will walk you through what debarment actually is, how it works, who can initiate it, and how to respond.

What Is Debarment?

Debarment is the federal government’s way of excluding individuals, businesses, or entities from contracting with the government or receiving federal assistance. It’s one of the most serious administrative actions a government agency can take.

It typically lasts three years, though some agencies can issue longer or even indefinite bans depending on the facts.

Debarment can apply to:

  • Prime contractors
  • Subcontractors
  • Grantees and subgrantees
  • Individual business owners or executives

Once you’re debarred, you’re added to the SAM.gov Exclusions List (System for Award Management), which all federal agencies consult before issuing contracts, grants, or other benefits. This means:

  • You can’t bid on new government contracts
  • You may be removed from current contracts
  • Your business relationships and revenue streams can dry up overnight

What Triggers Debarment?

Debarment can be based on a criminal conviction, but it doesn’t have to be. In fact, many debarments are non-procurement actions based on concerns about responsibility or integrity.

Common reasons for debarment include:

  • Fraud or false claims (e.g., violating the False Claims Act 31 U.S. Code §3729)
  • Poor contract performance
  • Labor law or environmental violations
  • Lack of business integrity or ethics
  • Suspicion of misconduct, even without a conviction

Hypothetical example: A cybersecurity firm misses key performance deadlines on a Department of Energy contract and submits questionable invoice documentation. Even without a criminal case, DOE’s Office of Acquisition Management could initiate debarment proceedings based on a pattern of poor performance and suspected misrepresentation.

The Suspension and Debarment Process

The process usually begins when an agency’s Suspending and Debarring Official (SDO) sends a Notice of Proposed Debarment or a Suspension Notice.

From there, the steps usually follow this track:

  1. Initial Notice: You receive a formal letter notifying you of the agency’s intent to debar or suspend.
  2. Response Period: You typically have 30 days to submit a written response. You may also request an in-person or virtual hearing.
  3. Review and Decision: The SDO reviews your submission and makes a decision. The result could be:
    • No action (case closed)
    • Administrative agreement (you stay eligible with conditions)
    • Formal debarment (you’re placed on the SAM exclusions list)

How Long Does Debarment Last?

  • Suspension is temporary and usually lasts up to 12 months while an investigation or legal proceeding is pending.
  • Debarment is more serious and typically lasts three years, though it can be shorter or longer depending on the facts.

How to Respond (and Win)

The sooner you respond, the more control you have. Agencies want to see signs of “present responsibility”—that you’ve corrected past issues and have strong compliance systems in place.

A compelling response may include:

  • Documentation disproving the allegations
  • Affidavits or letters of support
  • Proof of internal corrective action
  • Mitigating factors (e.g., misconduct by a rogue employee)
  • Negotiation of an Administrative Agreement to remain eligible

Hypo example: A logistics firm targeted for debarment after one of its employees was indicted negotiates an agreement to implement compliance training and independent monitoring, avoiding exclusion from future contracts.

How Much Does a Debarment Defense Lawyer Cost?

At NSLF, we believe legal defense should be clear and affordable. That’s why we offer flat-fee pricing:

  • $5,000: Written-only response package (review, strategy, submission)
  • $7,500: Hearing representation (if required, most (but not all) cases do not require a hearing) (includes travel)

And through Pay Later by Affirm, you can break that fee into manageable monthly payments over 3–24 months. Learn more about our legal financing here.

Why Choose NSLF?

We are the trusted, go-to firm for government debarment defense. Just read our 4.9-star reviews on Google.

Our edge? Insider knowledge and military precision.

  • Based in Washington, DC, the heart of federal agency action
  • Representing clients nationwide
  • Our attorneys are former prosecutors, federal officials, and military officers
  • We understand the systems from the inside out—and use that to your advantage
  • We were founded by disabled veterans who believe in service, results, and integrity
  • Our unique Attorney Review Board means your case is reviewed weekly by multiple legal minds
  • We handle overlapping legal issues: employment law, FOIA, clearance issues, and more
  • We hold security clearances, allowing us to understand and defend sensitive matters

Our mission is simple: maximize the value and outcome of every case.

Additional Resources

Looking for more guidance? Our Debarment Defense Practice Page is your go-to starting point.

There, you’ll find a variety of helpful resources covering everything from the most common mistakes that lead to debarment, to the legal strategies that actually work in defending against it. We also share insights on how our attorneys build strong defenses, what steps you can take to improve your chances of success, and how to maximize the outcome of your case.

Whether you’re just learning about the process or actively fighting a proposed debarment, we’ve got you covered.

You Don’t Have to Navigate This Alone

If you’re facing debarment, every day counts. The sooner you respond, the better your chances of protecting your business, your income, and your reputation.

Don’t wait until you’re listed on SAM.gov or lose out on a contract. Schedule a free consultation with NSLF today. We’ll tell you exactly what to do next and build a plan customized for your situation.

This is the quickest and easiest way to take back control of your future. Go to sleep tonight knowing that everything is finally being taken care of.

Book your consultation now and let’s fix this together.