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Suspension and Debarment under the Updated FAR Rules (Presented by the Federal Bar Association Government Contracts Section)

2025-07-15 14:00:00

2025-07-15 14:00:00

1 Credits

Federal panel examines January 2025 FAR suspension and debarment rule changes, discussing alignment with nonprocurement rules and future predictions.

2025-07-15 14:00:00

Federal panel examines January 2025 FAR suspension and debarment rule changes, discussing alignment with nonprocurement rules and future predictions.

2025-07-15 14:00:00

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1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn how January 2025 FAR suspension and debarment rule updates align with the Nonprocurement Common Rule and codify modern practices.

What will you gain

Attorneys will gain understanding of expanded definitions, mitigating factors, present responsibility determinations, and predictions about the Revolutionary FAR Overhaul's impact.

Rule Alignment
The FAR update brings procurement and non-procurement suspension and debarment rules closer together.
Expanded Definitions
Civil judgment and conviction definitions now include administrative findings from state, federal, or local bodies.
Present Responsibility
Present responsibility remains intentionally undefined as a discretionary, fact-specific process.
Mitigating Factors
Seven new mitigating and aggravating factors were added to guide present responsibility determinations.
Administrative Agreements
Administrative agreements are now codified in the FAR for the first time.
Individual Challenges
Individuals face distinct challenges compared to corporations in demonstrating present responsibility.

What will you learn

Attorneys will learn how January 2025 FAR suspension and debarment rule updates align with the Nonprocurement Common Rule and codify modern practices.

What will you gain

Attorneys will gain understanding of expanded definitions, mitigating factors, present responsibility determinations, and predictions about the Revolutionary FAR Overhaul's impact.

Agenda

Session 1

Historical Comparison of FAR and NCR Frameworks

Session 2

Understanding the January 2025 FAR Rule Update

Session 3

Most Significant Changes in Updated FAR Rules

Session 4

Missed Opportunities in the FAR Rule Update

Session 5

Expanded Mitigating Factors and Individual Impact Analysis

Session 6

Predictions for Revolutionary FAR Overhaul Impact

clock 2:00 pm - 2:05 pm EST

Historical Comparison of FAR and NCR Frameworks

Sarah Drabkin

Office of Global Acquisitions

Leslie Edelstein

Vinson & Elkins

Duc Nguyen

Fluet

Kara Sacilotto

Wiley

This session explores the foundational similarities and differences between the Federal Acquisition Regulation and Nonprocurement Common Rule suspension and debarment regimes. Panelists examine how the FAR applies only to procurement contracts while the NCR covers non-procurement transactions, and discuss key substantive differences including pre-notice exclusion requirements.

Sarah Drabkin

Office of Global Acquisitions

Leslie Edelstein

Vinson & Elkins

Duc Nguyen

Fluet

Kara Sacilotto

Wiley

clock 2:05 pm - 2:25 pm EST

Understanding the January 2025 FAR Rule Update

Sarah Drabkin

Office of Global Acquisitions

Leslie Edelstein

Vinson & Elkins

Duc Nguyen

Fluet

Kara Sacilotto

Wiley

This session examines the reasons behind the January 2025 update to FAR suspension and debarment rules, tracing the 35-40 year effort toward harmonization. Panelists discuss the three primary purposes: alignment between systems, procedural improvements, and codifying modern practices like pre-notice letters and administrative agreements.

Sarah Drabkin

Office of Global Acquisitions

Leslie Edelstein

Vinson & Elkins

Duc Nguyen

Fluet

Kara Sacilotto

Wiley

clock 2:25 pm - 2:40 pm EST

Most Significant Changes in Updated FAR Rules

Sarah Drabkin

Office of Global Acquisitions

Leslie Edelstein

Vinson & Elkins

Duc Nguyen

Fluet

Kara Sacilotto

Wiley

Panelists analyze the most impactful changes including expanded definitions for indictments, civil judgments, and convictions that now incorporate administrative findings. The session covers implications for settlement agreements, fact-finding rights, updated delivery methods allowing email notice, and enhanced transparency for pro se respondents.

Sarah Drabkin

Office of Global Acquisitions

Leslie Edelstein

Vinson & Elkins

Duc Nguyen

Fluet

Kara Sacilotto

Wiley

clock 2:40 pm - 2:50 pm EST

Missed Opportunities in the FAR Rule Update

Sarah Drabkin

Office of Global Acquisitions

Leslie Edelstein

Vinson & Elkins

Duc Nguyen

Fluet

Kara Sacilotto

Wiley

This session explores significant missed opportunities in the updated rules, focusing on the decision not to define present responsibility. Panelists discuss why the FAR Council declined to provide a definition, explaining that present responsibility is fundamentally a discretionary process rather than a checkbox exercise.

Sarah Drabkin

Office of Global Acquisitions

Leslie Edelstein

Vinson & Elkins

Duc Nguyen

Fluet

Kara Sacilotto

Wiley

clock 2:50 pm - 2:55 pm EST

Expanded Mitigating Factors and Individual Impact Analysis

Sarah Drabkin

Office of Global Acquisitions

Leslie Edelstein

Vinson & Elkins

Duc Nguyen

Fluet

Kara Sacilotto

Wiley

Panelists examine the seven new mitigating and aggravating factors added to the rule and their differential impact on corporations versus individuals. The discussion highlights how corporations have advantages in demonstrating present responsibility while individuals face distinct challenges, particularly regarding credibility and rehabilitation narratives.

Sarah Drabkin

Office of Global Acquisitions

Leslie Edelstein

Vinson & Elkins

Duc Nguyen

Fluet

Kara Sacilotto

Wiley

clock 2:55 pm - 3:00 pm EST

Predictions for Revolutionary FAR Overhaul Impact

Sarah Drabkin

Office of Global Acquisitions

Leslie Edelstein

Vinson & Elkins

Duc Nguyen

Fluet

Kara Sacilotto

Wiley

This concluding session offers predictions about how the Revolutionary FAR Overhaul may affect FAR Subpart 9.4 on suspension and debarment. Panelists discuss timeline concerns, community expectations that key features will remain intact, and the future role of administrative agreements under the new administration.

Sarah Drabkin

Office of Global Acquisitions

Leslie Edelstein

Vinson & Elkins

Duc Nguyen

Fluet

Kara Sacilotto

Wiley

01 06
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Sarah Drabkin

Office of Global Acquisitions

Leslie Edelstein

Vinson & Elkins

Duc Nguyen

Fluet

Kara Sacilotto

Wiley

Sarah Drabkin

Office of Global Acquisitions

Sarah Drabkin is the Suspension and Debarment and Whistleblower Manager in the Office of Global Acquisitions at the U.S. Department of State, also serving as Acting Federal Assistance Director and Alternate Competition Advocate. She specializes in suspension and debarment cases, agency protests, and government contract policy issues.

Education & Credentials

Bachelor of Arts degree in Political Science with a minor in History from Old Dominion University; Juris Doctor from University of the District of Columbia David A. Clarke School of Law (May 2012)

Professional Involvement

Member of the D.C. Bar Association; Co-chair for the American Bar Association – Public Contracts Law Section, Debarment and Suspension Committee

Experience

Previously served as Integrity Officer with the Office of Suspension and Debarment at U.S. General Services Administration (GSA) for over 7 years, analyzing S&D cases, agency protests, and government contract policy issues. Prior to GSA, served as procurement analyst at U.S. Department of Health and Human Services (HHS) where she helped create their first S&D office, The Office of Recipient Integrity Coordination. Also interned at GSA in the Suspension and Debarment Division during law school.

Sarah Drabkin

Office of Global Acquisitions

Sarah Drabkin is the Suspension and Debarment and Whistleblower Manager in the Office of Global Acquisitions at the U.S. Department of State, also serving as Acting Federal Assistance Director and Alternate Competition Advocate. She specializes in suspension and debarment cases, agency protests, and government contract policy issues.

Education & Credentials

Bachelor of Arts degree in Political Science with a minor in History from Old Dominion University; Juris Doctor from University of the District of Columbia David A. Clarke School of Law (May 2012)

Professional Involvement

Member of the D.C. Bar Association; Co-chair for the American Bar Association – Public Contracts Law Section, Debarment and Suspension Committee

Experience

Previously served as Integrity Officer with the Office of Suspension and Debarment at U.S. General Services Administration (GSA) for over 7 years, analyzing S&D cases, agency protests, and government contract policy issues. Prior to GSA, served as procurement analyst at U.S. Department of Health and Human Services (HHS) where she helped create their first S&D office, The Office of Recipient Integrity Coordination. Also interned at GSA in the Suspension and Debarment Division during law school.

Leslie Edelstein

Vinson & Elkins

Leslie is a litigation and regulatory attorney focused on government contracts and national security, representing government contractors in litigation matters including bid protests, contract claims, compliance counseling, and suspension and debarment matters.

Experience

Litigates bid protests at the Government Accountability Office (GAO) and Court of Federal Claims (COFC); files and responds to contract claims; prosecutes claim appeals at Boards of Contract Appeals. Assists government contractors on compliance matters involving FAR, DFARS, and agency supplemental acquisition regulations. Provides compliance counseling and risk mitigation for internal and government investigations, conducts risk assessments, develops compliance policies, and advises on government contracting risks in mergers and acquisitions. Assists clients with CFIUS compliance requirements.

Duc Nguyen

Fluet

Duc H. Nguyen is a Partner in Fluet’s Government Contracts Practice, specializing in federal procurement, suspension and debarment, and corporate compliance.

Professional Involvement

Active in the ABA, co-authoring the Practitioner's Guide to Suspension and Debarment; advocates for Southeast Asian refugee communities; fluent in Vietnamese with additional proficiency in French and Korean

Experience

Previously served as Managing Director at a national integrity monitoring firm and as Senior Debarring Official at the EPA, where he issued over 1,500 exclusion notices and led high-profile administrative agreements. Served as Vice Chair of the Interagency Suspension and Debarment Committee, appointed by OMB. Earlier career included Senior Attorney at NASA and Attorney-Advisor at U.S. Army Materiel Command, overseeing contracts totaling over $100 billion. Retired U.S. Army Judge Advocate and logistician with 20 years of service and deployments across East Asia, Africa, and the Middle East.

Kara Sacilotto

Wiley

Kara Sacilotto is a nationally recognized government contracts attorney whose practice focuses on suspension and debarment, bid protests, internal investigations, False Claims Act matters, and ethics and compliance counseling.

Recognition & Leadership

Super Lawyers honoree; Law360 Government Contracts MVP; has testified before Congress on federal procurement issues

Professional Involvement

Adjunct professor at American University's Washington College of Law; held numerous leadership roles within the American Bar Association and Federal Bar Association

Experience

Successfully represented clients of all sizes before the GAO, U.S. Court of Federal Claims, and Boards of Contract Appeals. Regularly advises on emerging areas of risk such as cybersecurity compliance, procurement collusion, and artificial intelligence.

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Why Attend

Why this 
program matters

Understanding FAR suspension and debarment rules is essential for legal practitioners because these regulatory changes directly impact federal contractor compliance, risk mitigation strategies, and client eligibility for billions in government awards.
$755B
Federal government contract spending in FY 2024, representing the market at risk for contractors facing suspension or debarment actions.
3yrs
Standard debarment period under FAR regulations, during which excluded contractors are ineligible for new federal contracts and subcontracts government-wide.
56%
Increase in pre-notice letters issued by federal agencies from FY 2020 to FY 2022, reflecting a shift toward proactive engagement before exclusion actions.
38k+
Healthcare providers suspended or debarred from the Federal Employee Health Benefits Program as of end of FY 2022.

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The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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