Overview
This section mandates the inclusion of FAR clause 52.209-6 in solicitations and contracts to ensure the government is protected when prime contractors engage with subcontractors that have been excluded or disqualified from federal procurement.
Key Rules
- Mandatory Clause: Contracting officers must insert FAR clause 52.209-6, "Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded."
- Threshold: The requirement applies to all solicitations and contracts where the estimated or actual value exceeds $45,000.
- Scope of Protection: The clause covers various stages of contractor ineligibility, including those currently debarred, suspended, proposed for debarment, or voluntarily excluded.
Practical Implications
- Prime Contractor Responsibility: Prime contractors are required to notify the contracting officer in writing before entering into a subcontract exceeding $35,000 (as updated by inflation in the clause itself) with an excluded party.
- Compliance Monitoring: Contracting officers must ensure this clause is present in all applicable awards to mitigate the risk of federal funds flowing to irresponsible or ineligible entities.