"Suspension And Debarment: FY 2025 By The Numbers," Law360

Partner David Robbins co-authored an article for Law360 analyzing federal suspension and debarment activity during fiscal year 2025, marking the 10th anniversary of his annual study tracking government enforcement trends in this area.

Read More

David's analysis reveals a striking decline in exclusion actions in a subset of federal agencies, with only 258 total exclusions across major federal agencies in FY 2025—down from 415 in FY 2024 and representing the lowest level in the decade-long study. Small US-based firms continue to be excluded far more frequently than large firms.

The article examines the evolving nature of suspension and debarment practice, noting that agencies increasingly engage with contractors through pre-notice communications before formal exclusion actions. While this approach supports the Federal Acquisition Regulation's policy of awarding contracts only to responsible contractors, David raises important questions about whether declining exclusion numbers might eventually lead policymakers to consolidate these functions with contracting officers' existing responsibility determinations.

David and his co-author also analyze emerging enforcement trends under the current administration, including the risk of more robust use of debarment as a policy tool. He examines new FAR deviation language that shifts the burden of demonstrating responsibility to contractors, requiring contracting officers to make nonresponsibility determinations absent clear affirmative evidence.

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

"Suspension And Debarment: FY 2025 By The Numbers," Law360

Partner David Robbins co-authored an article for Law360 analyzing federal suspension and debarment activity during fiscal year 2025, marking the 10th anniversary of his annual study tracking government enforcement trends in this area.

Read More

David's analysis reveals a striking decline in exclusion actions in a subset of federal agencies, with only 258 total exclusions across major federal agencies in FY 2025—down from 415 in FY 2024 and representing the lowest level in the decade-long study. Small US-based firms continue to be excluded far more frequently than large firms.

The article examines the evolving nature of suspension and debarment practice, noting that agencies increasingly engage with contractors through pre-notice communications before formal exclusion actions. While this approach supports the Federal Acquisition Regulation's policy of awarding contracts only to responsible contractors, David raises important questions about whether declining exclusion numbers might eventually lead policymakers to consolidate these functions with contracting officers' existing responsibility determinations.

David and his co-author also analyze emerging enforcement trends under the current administration, including the risk of more robust use of debarment as a policy tool. He examines new FAR deviation language that shifts the burden of demonstrating responsibility to contractors, requiring contracting officers to make nonresponsibility determinations absent clear affirmative evidence.

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

Event

Amanda Shafer Berman to Speak on Energy and Administrative Law at WEN-DC Webinar

As the Supreme Court's new Term begins, Jenner & Block Partner Amanda Shafer Berman will join a Women's Energy Network of Washington, DC (WEN-DC) webinar on how the Court's decisions are shaping the energy sector.

October 14, 2026

Publications

Partner Amanda Shafer Berman Quoted in Bloomberg Law on Senate Permitting Overhaul Bill

Partner Amanda Shafer Berman was quoted in an October 5 Bloomberg Law article, "Permitting Deal Gives Projects Defense Against Litigation Delays," on the Senate's new permitting overhaul package and its expected impact on litigation over federal permitting reversals.

October 2026

Event

Partner John Storino to Speak at Sandpiper Partners' “AI and Outside Counsel Guidelines Roundtable”

On October 8, Partner John Storino will serve as a panelist at the “AI and Outside Counsel Guidelines Roundtable,” hosted by Sandpiper Partners in Chicago.

October 8, 2026

Event

Partner Meghan Greenfield to Speak on Supreme Court Climate Case at Edison Electric Institute's Fall Legal Conference

On Wednesday, October 7, Partner Meghan Greenfield will speak on a panel titled "Boulder County v. Suncor Energy: What the Supreme Court's Climate Case Means for the Energy Industry" at the Edison Electric Institute's Fall Legal Conference in Salt Lake City, Utah.

October 7, 2026

Publications

The Form Rules Everything: A Seventh Circuit Ruling on ERISA's Substantial Compliance Doctrine

Partner Joseph Torres and Special Counsel Jennifer Beach authored an article for Employee Relations Law Journal examining the Seventh Circuit's decision in Packaging Corp. of America Thrift Plan for Hourly Employees v. Langdon, a ruling that addresses both the standard of review in ERISA interpleader actions and the continued viability of the substantial compliance doctrine for changing plan beneficiaries.

October 5, 2026