9.402 Policy
Source: FAR 9.402 on acquisition.gov
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.
(a) Agencies shall solicit offers from, award contracts to, and consent to subcontracts with responsible contractors only. Debarment and suspension are discretionary actions that, taken in accordance with this subpart, are appropriate means to effectuate this policy.
(b) The serious nature of debarment and suspension requires that these remedies be imposed only in the public interest for the Government’s protection and not for purposes of punishment. Agencies shall impose debarment or suspension to protect the Government’s interest and only for the causes and in accordance with the procedures in this subpart.
(c) Agencies are encouraged to establish methods and procedures for coordinating their debarment or suspension actions.
(d) When more than one agency has an interest in the debarment or suspension of a contractor, the Interagency Suspension and Debarment Committee, established under Executive Order 12549, and authorized by section 873 of the National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417) (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim" target="_blank">31 U.S.C.6101, note), shall resolve the lead agency issue and coordinate such resolution among all interested agencies prior to the initiation of any suspension, debarment, or related administrative action by any agency.
(e) Agencies shall establish appropriate procedures to implement the policies and procedures of this subpart.