The COFC Can’t Prevent Your Debarment
A contractor asked the Court of Federal Claims to enjoin a debarment. The court found it lacked jurisdiction. Tucker Act jurisdiction does not extend to debarments. A challenge to a debarment must be brought in district court under the Administrative Procedures Act.
ASG Solutions Corporation DBA American Systems Group v. United States, COFC No. 23-1029
- Debarment – The agency terminated a contract for default. The contractor appealed the termination to the COFC. The court granted summary judgment to the government. Thereafter, the agency announced it was debarring the contractor. The contractor asked the court to stay judgment and enjoin the debarment.
- Stay – The contractor wanted a stay pending its appeal to the Federal Circuit. But the COFC found there was nothing to stay. A stay is appropriate to preserve the status quo a judgment would alter. But in this case, the court simply dismissed the contractor’s complaint; it did not order payment of money or affirmative relief. Entering a stay would not affect the status quo.
- Jurisdiction Over Debarment – The court also denied the contractor’s request to enjoin the debarment. The Federal Circuit holds the COFC’s Tucker Act jurisdiction does not extend to review the propriety of a debarment. Rather, a challenge to a debarment must be brought in district court under the Administrative Procedures Act.
e contractor is represented by David S. Demian of Thornton & Baird LLP. The government is represented by Sheryl L. Floyd of the Department of Justice.
–Case summary by Craig LaChance, Editor in Chief
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