9.403
Definitions
FAR 9.403 defines critical terms that determine who may be excluded from federal contracting and under what circumstances, making it essential for contractors and agencies to understand these definitions for compliance and eligibility.
Overview
FAR 9.403 provides definitions for key terms used throughout Subpart 9.4, which governs debarment, suspension, and ineligibility in federal contracting. These definitions clarify the scope and application of rules regarding contractor eligibility, legal proceedings, and administrative actions. Understanding these terms is essential for both contractors and contracting officers to ensure compliance with federal requirements and to properly interpret actions related to exclusion from government contracting.
Key Rules
- Administrative Agreement
- Defines the resolution mechanism between agencies and contractors in suspension or debarment cases.
- Affiliates
- Explains when entities are considered affiliates, focusing on control and indicia such as shared management or ownership.
- Contractor
- Broadly defines who is considered a contractor, including those submitting offers or acting as agents.
- Legal Proceedings, Civil Judgment, Conviction, Indictment
- Clarifies what constitutes legal actions and outcomes relevant to debarment or suspension.
- Unfair Trade Practices
- Lists specific acts that qualify as unfair trade practices, which can trigger exclusion actions.
- Voluntary Exclusion
- Describes the process and effect of a contractor agreeing to exclusion as part of a settlement.
Responsibilities
- Contracting Officers: Must apply these definitions when determining contractor eligibility and processing exclusions.
- Contractors: Should understand these terms to assess their own risk and compliance status.
- Agencies: Use these definitions to ensure consistent application of suspension and debarment rules.
Practical Implications
- These definitions underpin all actions related to debarment, suspension, and ineligibility, affecting who can participate in federal contracts.
- Misunderstanding these terms can lead to improper exclusions or missed compliance obligations.
- Contractors should review these definitions to ensure accurate self-assessment and response to agency actions.