Book contents
- The Cambridge Handbook of Compliance
- The Cambridge Handbook of Compliance
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- 1 Introduction: Compliance as the Interaction between Rules and Behavior
- Part I Compliance Concepts and Approaches
- Part II Deterrence and Incapacitation
- 14 Deterrence Theory: Key Findings and Challenges
- 15 General Deterrence: Review with Commentary on Decision-Making
- 16 Incarceration and Crime
- 17 Corporate Crime Deterrence
- 18 Deterrence Perceptions
- 19 Reputational Effects of Noncompliance with Financial Market Regulations
- 20 Deterrability and Moral Judgment
- 21 US Debarment: An Introduction
- Part III Incentives
- Part IV Legitimacy and Social Norms
- Part V Capacity and Opportunity
- Part VI Compliance and Cognition
- Part VII Management and Organizational Processes
- Part VIII Measuring and Evaluating Compliance
- Part IX Analysis of Particular Fields
- References
21 - US Debarment: An Introduction
from Part II - Deterrence and Incapacitation
Published online by Cambridge University Press: 07 May 2021
- The Cambridge Handbook of Compliance
- The Cambridge Handbook of Compliance
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- 1 Introduction: Compliance as the Interaction between Rules and Behavior
- Part I Compliance Concepts and Approaches
- Part II Deterrence and Incapacitation
- 14 Deterrence Theory: Key Findings and Challenges
- 15 General Deterrence: Review with Commentary on Decision-Making
- 16 Incarceration and Crime
- 17 Corporate Crime Deterrence
- 18 Deterrence Perceptions
- 19 Reputational Effects of Noncompliance with Financial Market Regulations
- 20 Deterrability and Moral Judgment
- 21 US Debarment: An Introduction
- Part III Incentives
- Part IV Legitimacy and Social Norms
- Part V Capacity and Opportunity
- Part VI Compliance and Cognition
- Part VII Management and Organizational Processes
- Part VIII Measuring and Evaluating Compliance
- Part IX Analysis of Particular Fields
- References
Summary
Abstract: This chapter, cowritten by senior members of the bar who teach in the leading public procurement law program in the United States, discusses corruption, compliance, and debarment in government procurement. When a government procures goods or services, it must decide questions of price and quality, and – equally importantly – whether the contractor is qualified (“responsible” in US federal contracting), that is, whether the contractor possesses the requisite physical and financial capability, a record of satisfactory performance, and integrity. For the government buyer, the question is whether the prospective contractor poses disqualifying performance or reputational risks to the government. When those risks are severe, suspension (temporary exclusion) and debarment (exclusion for a term of years) are tools that a government can use to exclude nonqualified individuals and companies from competing for public contracts. Suspension and debarment can be economically devastating – a “death sentence” for contractors. As this chapter reflects, remedial corporate compliance efforts – “self-cleaning,” as it is termed in European procurement law – play a central role in a government’s decision on whether to debar or suspend a contractor. For US federal contractors, the basic requirements for compliance efforts match the emerging worldwide standards for compliance systems. This chapter focuses on suspensions and debarments under the US federal system, while drawing on illustrative comparative examples from other procurement systems.
- Type
- Chapter
- Information
- The Cambridge Handbook of Compliance , pp. 288 - 308Publisher: Cambridge University PressPrint publication year: 2021
References
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