9.401 Applicability
Source: FAR 9.401 on acquisition.gov
Debarments and suspensions are recognized and enforced governmentwide across both procurement and nonprocurement activities, ensuring excluded entities cannot participate in any federal programs or contracts.
Overview
FAR 9.401 clarifies the mutual recognition of debarment, suspension, and other governmentwide exclusions between procurement and nonprocurement activities. It mandates that any exclusion initiated under the Nonprocurement Common Rule (implementing Executive Order 12549) after August 25, 1995, must be recognized by all Executive Branch agencies as a debarment or suspension under FAR Subpart 9.4. Conversely, any debarment, suspension, or exclusion initiated under FAR Subpart 9.4 after this date must be recognized as an exclusion under the Nonprocurement Common Rule. This ensures consistency and governmentwide enforcement of exclusions, preventing entities debarred or suspended in one context from participating in other federal programs or contracts.
Key Rules
- Mutual Recognition of Exclusions
- Exclusions under the Nonprocurement Common Rule are recognized as debarments or suspensions under FAR Subpart 9.4, and vice versa, for actions initiated on or after August 25, 1995.
- Governmentwide Applicability
- All Executive Branch agencies must enforce these exclusions across both procurement and nonprocurement activities.
Responsibilities
- Contracting Officers: Must check for and enforce governmentwide exclusions, ensuring excluded parties do not receive contracts or subcontracts.
- Contractors: Must ensure they are not subject to any governmentwide exclusions before bidding or performing on federal contracts.
- Agencies: Must recognize and apply exclusions initiated under both procurement and nonprocurement rules.
Practical Implications
- This section prevents entities excluded from one federal program from participating in others, closing loopholes and strengthening integrity in federal contracting.
- Contractors must be vigilant about their eligibility status and regularly check exclusion lists.
- Failure to comply can result in contract termination or further exclusion.
In accordance with Public Law 103-355, Section 2455 (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim" target="_blank">31 U.S.C.6101, note), and Executive Order 12689, any debarment, suspension or other Governmentwide exclusion initiated under the Nonprocurement Common Rule implementing Executive Order 12549 on or after August 25, 1995, shall be recognized by and effective for Executive Branch agencies as a debarment or suspension under this subpart. Similarly, any debarment, suspension, proposed debarment or other Governmentwide exclusion initiated on or after August 25, 1995, under this subpart shall also be recognized by and effective for those agencies and participants as an exclusion under the Nonprocurement Common Rule.