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46 Procurement Law. 1 (2010-2011)

handle is hein.journals/procurlw46 and id is 1 raw text is: The ICE Suspension and Debarment Program Heats Up By MICHAEL J. DAVIDSON AND JENNIFER L. LONGMEYER-WOOD Jennifer L. Longmeyer-Wood During 2009, the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) dramatically increased the number of administrative ac- tions taken against contractors that have knowingly hired or harbored illegal aliens. ICE also began to expand its suspension and debarment program into other areas of its enforcement authority, including benefits fraud and pro- curement fraud. Additionally, DHS adopted the nonproc- urement rule, 2 C.F.R. Part 180, which has afforded ICE another avenue to protect the government through suspen- sion and debarment. Although relatively new to suspension and debarment, ICE has rapidly expanded its program and continues to refine its suspension and debarment process as the program matures. Most recently, ICE's parent agency, DHS, has also initiated a review of its processes and pro- cedures to develop the optimal agency-wide program. This article will review the development of the ICE suspension Michael J. Davidson and Jennifer L. Longmeyer-Wood are attorneys in the Commercial and Administrative Law Division at the Office of the Principal Legal Advisor of Immigration and Customs Enforcement. Views expressed here are the authors' ouiand do not necessarily repre- sent those of U.S. Immigration and Customs Enforcement, the Depart- ment of Homeland Security, or the U.S. Government. and debarment program and its unique immigration-based administrative actions, and describe the current program as ICE matures as a full partner in the government's effort to protect the integrity of the procurement process. The ICE Program Begins and Expands ICE took its first debarment action in September 2008 when it notified seven companies that they had been proposed for debarment after it was determined that they knowingly hired illegal aliens.' Each of the companies had been con- victed of knowingly hiring unauthorized workers or continu- ing to employ an alien who is or became unauthorized... In a statement concerning the proposed debarments, the agency noted that [bly using debarment in appropriate cir- cumstances, the federal government can avoid working with businesses that employ an illegal workforce and unscrupu- lously undercut their competitors to gain an unfair market advantage because of reduced labor costs.3 Significantly, the proposed debarments marked the first instance in which ICE had pursued such an action against a contractor.4 Although ICE's predecessor agency, the Im- (continued on page 14) News from the Chair 2 Navigating the Recovery Act's Buy American Rule 3 When Is No Contract a Contract? 9 Book Review: Federal Government Construction Contracts 1 Enforceability of Teaming Agreements 18 In Memoriam: Eileen Fennessy 22 Committee News 25 Michael J. Davidson