Suspension and Debarment under the Updated FAR Rules (Presented by the Federal Bar Association Government Contracts Section)

Sarah Drabkin, Acting Director of Federal Assistance, Suspension and Debarment and Whistleblower Manager | Office of Global Acquisitions

Sarah Drabkin is the Suspension and Debarment and Whistleblower Manager in the Office of Global Acquisitions, Office of Acquisition Policy Directorate at the U.S. Department of State (State). Sarah is also the Acting Federal Assistance Director and serves as an Alternate Competition Advocate.

Previously, Sarah was an Integrity Officer with the Office of Suspension and Debarment in the U.S. General Services Administration (GSA) for over 7 years. As an Integrity Officer Sarah analyzed S&D cases, agency protests, and various other government contract policy issues. Prior to this Sarah was a procurement analyst at the U.S. Department of Health and Human Services (HHS) where she helped to create their first S&D office, The Office of Recipient Integrity Coordination. Sarah was also an intern at GSA in the Suspension and Debarment Division during her time in law school.

Sarah received a Bachelor of Arts degree in Political Science with a minor in History from Old Dominion University and a Juris Doctor from University of the District of Columbia David A. Clarke School of Law in May 2012. She is a member of the D.C. Bar Association and serves as a co-chair for the American Bar Association – Public Contracts Law Section, Debarment and Suspension Committee.

Moderator, Leslie Edelstein, Associate | Vinson & Elkins

Leslie is a litigation and regulatory attorney focused on government contracts and national security. Her work involves representing government contractors in litigation matters, including litigating bid protests at the Government Accountability Office (GAO) and the Court of Federal Claims (COFC); filing and responding to contract claims; and prosecuting claim appeals at the different Boards of Contract Appeals. Leslie assists government contractors on contract and regulatory compliance matters involving the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and agency supplemental acquisition regulations. Her practice also involves compliance counseling and risk mitigation associated with internal and government investigations. She helps clients conduct risk assessments, and develop and adopt compliance policies. She provides guidance to clients on government contracting risks associated with mergers and acquisitions. In addition, Leslie assists clients in conducting internal investigations and responding to government fraud investigations and present responsibility inquiries. Leslie routinely assists clients in suspension and debarment matters.

Leslie also assists foreign and domestic clients to comply with the requirements of the Committee on Foreign Investment in the United States (CFIUS). This involves helping clients understand the risks associated with proposed transactions and, when necessary, filing notice of the transaction with CFIUS

Duc Nguyen, Partner | Fluet

Duc H. Nguyen is a Partner in Fluet’s Government Contracts Practice, specializing in federal procurement, suspension and debarment, and corporate compliance. He previously served as Managing Director at a national integrity monitoring firm and as the Senior Debarring Official at the EPA, where he issued over 1,500 exclusion notices and led high-profile administrative agreements. He also served as Vice Chair of the Interagency Suspension and Debarment Committee, appointed by the OMB.

Earlier in his career, Mr. Nguyen was a Senior Attorney at NASA and an Attorney-Advisor at U.S. Army Materiel Command, overseeing contracts totaling over $100 billion. A retired U.S. Army Judge Advocate and logistician, he served for 20 years with deployments across East Asia, Africa, and the Middle East.

He is active in the ABA, co-authoring the Practitioner’s Guide to Suspension and Debarment, and is fluent in Vietnamese with additional proficiency in French and Korean. A former refugee, he continues to advocate for Southeast Asian refugee communities.

Kara Sacilotto, Partner | Wiley

Kara Sacilotto is a nationally recognized government contracts attorney whose practice focuses on suspension and debarment, bid protests, internal investigations, False Claims Act matters, and ethics and compliance counseling. She has successfully represented clients of all sizes before the GAO, U.S. Court of Federal Claims, and Boards of Contract Appeals, and regularly advises on emerging areas of risk such as cybersecurity compliance, procurement collusion, and artificial intelligence.

Kara has testified before Congress on federal procurement issues and serves as an adjunct professor at American University’s Washington College of Law. She is deeply involved in the government contracts legal community, having held numerous leadership roles within the American Bar Association and Federal Bar Association. Her work has earned her recognition as a Super Lawyers honoree and a Law360 Government Contracts MVP. Kara is known for her strategic, practical approach and deep commitment to integrity in public contracting.

I. Historical similarities and differences between the Federal Acquisition Regulation (FAR) and Nonprocurement Common Rule (NCR) suspension and debarment regimes | 2:00pm – 2:05pm

II. The update to the FAR’s suspension and debarment rules | 2:05pm – 2:25pm

• Reason for January 2025 update

III. Most significant changes in the FAR’s updated suspension and debarment rules | 2:25pm – 2:40pm

IV. Most significant missed opportunities in the FAR’s updated suspension and debarment rules | 2:40pm – 2:50pm

V. Views on the expanded “mitigating and aggravating factors” and the attempt to address application to individuals | 2:50pm – 2:55pm

VI. Predictions on what happens to FAR Subpart 9.4 in “Revolutionary FAR Overhaul” | 2:55pm – 3:00pm