Bass, Berry & Sims attorney Richard Arnholt was quoted in an article regarding a little-known provision allowing the government to continue working with companies excluded from the government marketplace. Companies who have received such waivers include IBM, Boeing and BP along with 19 others to fulfill specific contracts that the government has deemed necessary. Officials distributing these waivers are required to notify the General Services Administration (GSA) which posts the information to the public. Since the law was passed in 1981, 30 waivers have been provided to the GSA. The waivers can be used for companies that otherwise are prohibited from bidding on future contracts or seeking extensions on existing contracts.
“One reason for the small numbers of waivers is that exclusions often can be resolved fairly when contractors are committed to addressing the government concerns,” said Richard. “Contractors are usually eager to put a suspension or proposed debarment behind them because a contractor’s lifeblood is cut off when the government goes down that path.”
The full article, “Millions Flow to Pentagon’s Banned Contractors Via a Back Door,” was published by Bloomberg Government on August 6, 2018, and is available online.