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Government Contractors Face Debarment for Unlawful Employment Practices

Published by on September 15, 2008

The USCIS has recently notified 7 companies that they face debarment because each has been found to be unlawfully employing persons without employment authorization.  The FAR explicitly provides that contractors may be considered for debarment if they knowingly hire an unauthorized worker or continue to employ an alien who becomes unauthorized.  The effect of a […]

The USCIS has recently notified 7 companies that they face debarment because each has been found to be unlawfully employing persons without employment authorization.  The FAR explicitly provides that contractors may be considered for debarment if they knowingly hire an unauthorized worker or continue to employ an alien who becomes unauthorized. 

The effect of a debarment has 4 main consequences:

1. Company’s name is entered into the Excluded Parties List System (EPLS).

2. Company is prohibited from competing for new government contracts.

3. Debarment is effective government-wide.

4. Company must challenge the decision within 30 days.

To avoid such adverse consequences, government contractors must maintain a heightened awareness of regulations applicable to the hiring of foreign nationals as well as a system for accurately tracking the validity dates of all Employment Authorization Documents presented by employees. 

Contributed by Robert R. Gillispie 

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