9.400 Scope of subpart
Source: FAR 9.400 on acquisition.gov
FAR 9.400 establishes the framework for debarment, suspension, and ineligibility of contractors, detailing the listing process and its consequences for federal contracting.
Overview
- FAR 9.400 defines the scope of Subpart 9.4, which addresses the policies and procedures for the debarment and suspension of contractors, the listing of such contractors, and the consequences of being listed. It also clarifies the subpart's coverage regarding ineligibility and references related regulations for supply chain security.
Key Rules
- Debarment and Suspension Policies
- Establishes the framework for agencies to debar or suspend contractors for specific causes detailed in FAR 9.406-2 and 9.407-2.
- Listing of Contractors
- Provides for the official listing of contractors who are debarred, suspended, proposed for debarment, or declared ineligible, and outlines the consequences of such listings.
- Scope Limitations
- Specifies that the subpart does not cover all ineligibility declarations, except those under 10 U.S.C. 983, and directs users to other relevant FAR sections for supply chain security matters.
Responsibilities
- Contracting Officers: Must follow prescribed procedures for debarment, suspension, and referencing the list of ineligible contractors.
- Contractors: Should be aware of the causes and consequences of being listed as debarred, suspended, or ineligible.
- Agencies: Responsible for maintaining and enforcing the listing and ensuring compliance with related statutes and regulations.
Practical Implications
- This section ensures that only responsible contractors participate in federal procurement by outlining the consequences of misconduct or noncompliance. It impacts daily contracting by requiring due diligence in checking contractor status and understanding the ramifications of being listed. Common pitfalls include failing to check the list or misunderstanding the scope of ineligibility.
(a) This subpart-
(1) Prescribes policies and procedures governing the debarment and suspension of contractors by agencies for the causes given in 9.406-2 and 9.407-2;
(2) Provides for the listing of contractors debarred, suspended, proposed for debarment, and declared ineligible (see the definition of "ineligible" in 2.101); and
(3) Sets forth the consequences of this listing.
(b) Although this subpart does cover the listing of ineligible contractors (9.404) and the effect of this listing (9.405), it does not prescribe policies and procedures governing declarations of ineligibility except for contractors that have been declared ineligible pursuant to https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section983&num=0&edition=prelim" target="_blank">10 U.S.C. 983 (see 9.110, and 9.405-1(b)).
(c) For Federal Acquisition Supply Chain Security Act (FASCSA) orders, see subpart 4.23.