Overview
FAR 9.402 establishes the foundational principle that the Government must only do business with responsible contractors, using debarment and suspension as discretionary administrative tools to protect the public interest.
Key Rules
- Mandatory Responsibility: Agencies are strictly required to solicit offers from, award contracts to, and consent to subcontracts with responsible contractors only.
- Non-Punitive Intent: Debarment and suspension must be used solely for the Government’s protection and the public interest; they are expressly prohibited from being used as a form of punishment.
- Procedural Compliance: These administrative actions can only be imposed for specific causes and must follow the exact procedures outlined in FAR Subpart 9.4.
- Interagency Coordination: When multiple agencies have an interest in a contractor's status, the Interagency Suspension and Debarment Committee (ISDC) is tasked with resolving which agency will take the lead.
- Implementation Requirement: Every agency is mandated to establish its own internal procedures to carry out the policies of this subpart.
Practical Implications
- Legal Defense: Contractors facing debarment can use this policy to challenge actions that appear motivated by retribution rather than a legitimate need to protect the Government's business interests.
- Unified Government Action: The involvement of the ISDC prevents "double jeopardy" or conflicting administrative actions by ensuring a single lead agency coordinates the suspension or debarment process across the entire federal landscape.