Overview
FAR 9.400 defines the administrative boundaries of Subpart 9.4, establishing the framework for contractor debarment and suspension, the maintenance of exclusion lists, and the resulting legal consequences of being listed.
Key Rules
- Policy and Procedure: This subpart governs the formal processes for debarring or suspending contractors based on specific causes outlined in sections 9.406-2 and 9.407-2.
- Listing Requirements: It mandates the listing of contractors who are debarred, suspended, proposed for debarment, or declared ineligible (as defined in FAR 2.101).
- Consequences: It explicitly dictates the operational effects and restrictions placed on contractors once they appear on the exclusion list.
- Ineligibility Limitations: While the subpart addresses the listing and effect of ineligibility, it generally does not prescribe the procedures for declaring ineligibility, with specific exceptions for actions under 10 U.S.C. 983.
- Supply Chain Security: It directs users to Subpart 4.23 for exclusions related to the Federal Acquisition Supply Chain Security Act (FASCSA).
Practical Implications
- Compliance Verification: Contracting officers must use this subpart as the basis for verifying a contractor’s eligibility in the System for Award Management (SAM) prior to awarding contracts or consenting to subcontracts.
- Risk Mitigation: For contractors, these rules emphasize that debarment and suspension are not just internal agency records but have government-wide consequences that immediately halt the ability to receive new federal work.