Policy
Agencies must only contract with responsible parties and use debarment or suspension solely to protect the government's interests, not as punishment.
Overview
FAR 9.402 establishes the foundational policy for debarment and suspension in federal contracting. It mandates that agencies only do business with responsible contractors and outlines the discretionary use of debarment and suspension as tools to protect the government's interests. The section emphasizes that these remedies are not punitive but are to be used solely for the government's protection, following established causes and procedures. Agencies are encouraged to coordinate actions internally and across agencies, particularly when multiple agencies have an interest in a contractor's status. The Interagency Suspension and Debarment Committee is designated to resolve lead agency issues in such cases. Agencies must also develop and implement procedures to ensure compliance with these policies.
Key Rules
- Responsible Contractors Only
- Agencies must only solicit, award, and consent to contracts and subcontracts with responsible contractors.
- Debarment and Suspension as Protective Measures
- These actions are discretionary and should be used only to protect the government's interest, not as punishment.
- Coordination and Procedures
- Agencies should coordinate debarment/suspension actions and establish internal procedures for implementation.
- Interagency Coordination
- The Interagency Suspension and Debarment Committee resolves lead agency issues when multiple agencies are involved.
Responsibilities
- Contracting Officers: Ensure awards and consents are only given to responsible contractors; follow agency procedures for debarment/suspension.
- Contractors: Maintain responsibility and avoid actions that could lead to debarment or suspension.
- Agencies: Develop, coordinate, and implement procedures for debarment and suspension; participate in interagency coordination when necessary.
Practical Implications
- This policy ensures only responsible contractors participate in federal contracting, protecting government interests.
- Contractors must maintain ethical and responsible business practices to avoid debarment or suspension.
- Agencies must have clear, coordinated procedures to handle debarment and suspension actions, especially in multi-agency situations.