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

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

Program Details

2025-07-15 14:00:00

Program Details

2025-07-15 14:00:00

Over 1,000+ webinars

2025-07-15 14:00:00

Course Overview

Navigating FAR Suspension and Debarment Updates

2025-07-15 14:00:00

Participants will learn how January 2025 FAR revisions align procurement rules with the Nonprocurement Common Rule. Practical guidance addresses expanded definitions, present responsibility factors, and administrative agreement strategies.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Rule Alignment
The FAR update brings procurement and non-procurement suspension and debarment rules closer together.
02
Expanded Definitions
Civil judgment and conviction definitions now include administrative findings from state, federal, or local bodies.
03
Present Responsibility
Present responsibility remains intentionally undefined as a discretionary, fact-specific process.
04
Mitigating Factors
Seven new mitigating and aggravating factors were added to guide present responsibility determinations.
05
Administrative Agreements
Administrative agreements are now codified in the FAR for the first time.
06
Individual Challenges
Individuals face distinct challenges compared to corporations in demonstrating present responsibility.

Program schedule

clock 2:00 pm - 2:05 pm EST

Historical Comparison of FAR and NCR Frameworks

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 DrabkinSarah Drabkin
Leslie EdelsteinLeslie Edelstein
Duc NguyenDuc Nguyen
Kara SacilottoKara Sacilotto
clock 2:05 pm - 2:25 pm EST

Understanding the January 2025 FAR Rule Update

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 DrabkinSarah Drabkin
Leslie EdelsteinLeslie Edelstein
Duc NguyenDuc Nguyen
Kara SacilottoKara Sacilotto
clock 2:25 pm - 2:40 pm EST

Most Significant Changes in Updated FAR Rules

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 DrabkinSarah Drabkin
Leslie EdelsteinLeslie Edelstein
Duc NguyenDuc Nguyen
Kara SacilottoKara Sacilotto
clock 2:40 pm - 2:50 pm EST

Missed Opportunities in the FAR Rule Update

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 DrabkinSarah Drabkin
Leslie EdelsteinLeslie Edelstein
Duc NguyenDuc Nguyen
Kara SacilottoKara Sacilotto
clock 2:50 pm - 2:55 pm EST

Expanded Mitigating Factors and Individual Impact Analysis

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 DrabkinSarah Drabkin
Leslie EdelsteinLeslie Edelstein
Duc NguyenDuc Nguyen
Kara SacilottoKara Sacilotto
clock 2:55 pm - 3:00 pm EST

Predictions for Revolutionary FAR Overhaul Impact

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 DrabkinSarah Drabkin
Leslie EdelsteinLeslie Edelstein
Duc NguyenDuc Nguyen
Kara SacilottoKara Sacilotto
Sarah Drabkin

Sarah Drabkin

Office of Global Acquisitions

Leslie Edelstein

Leslie Edelstein

Vinson & Elkins

Duc Nguyen

Duc Nguyen

Fluet

Kara Sacilotto

Kara Sacilotto

Wiley

Sarah Drabkin

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

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

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

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.
Sarah Drabkin

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

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

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

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.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC1.0
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.0
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

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Trusted by Legal Professionals

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Live stream programs

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Access to live webinars & recordings

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Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
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Approved
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Approved
Arkansas
Approved
California
Approved
Colorado
Pending
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Approved
Delaware
Pending
District of Columbia
No Required
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Approved
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Approved
Hawaii
Approved
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Pending
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Kentucky
Pending
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Pending
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Pending
Maryland
No Required
Massachusetts
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Minnesota
Approved
Mississippi
Pending
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Approved
Montana
Pending
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Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
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Approved
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Approved
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Pending
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Pending
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Not Eligible
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Pending
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Alabama

Requirements

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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  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs