Agility Defense & Gov't Svcs, et al. v. U.S. Dept. of Defense, et al., No. 13-10757 (11th Cir. 2013)Annotate this Case
The Federal Acquisition Regulation, 48 C.F.R. 9.407-4(b), governs the acquisition of supplies and services by all federal agencies. At issue was whether a federal agency may suspend two affiliates of an indicted government contractor for the duration of the legal proceedings against the indicted contractor under the Regulation. Because the suspension of an affiliate was included as part of the suspension of the indicted government contractor, the court concluded that legal proceedings initiated against the indicted government contractor tolled the 18-month time limit for the suspension of the affiliates. Accordingly, the court reversed the grant of summary judgment in favor of the affiliates and rendered a judgment in favor of defendants.