9.406
Debarment
Debarment under FAR 9.406 excludes contractors from federal contracts due to serious misconduct, protecting government interests and ensuring only responsible parties participate in procurement.
Overview
FAR 9.406 outlines the rules and procedures for debarment, which is the exclusion of contractors from government contracting and subcontracting for a specified period due to serious misconduct or failure to perform. This section details the general principles, causes, procedures, duration, and scope of debarment, ensuring that only responsible contractors participate in federal procurement. Debarment protects the government from doing business with entities that pose a risk due to unethical or illegal behavior.
Key Rules
- General Principles (9.406-1)
- Establishes the authority and responsibility for debarment, emphasizing its use to protect the government’s interests.
- Causes for Debarment (9.406-2)
- Lists specific grounds for debarment, such as fraud, criminal offenses, violation of contract terms, or other serious misconduct.
- Procedures (9.406-3)
- Outlines the process for proposing, notifying, and deciding on debarment, including the contractor’s right to respond and present evidence.
- Period of Debarment (9.406-4)
- Specifies the typical duration of debarment and factors influencing its length.
- Scope of Debarment (9.406-5)
- Defines the extent to which debarment applies, including affiliates and related entities.
Responsibilities
- Contracting Officers: Must check the status of contractors, initiate debarment when warranted, and ensure compliance with debarment decisions.
- Contractors: Must avoid actions that could lead to debarment and respond promptly to debarment notices.
- Agencies: Oversee debarment actions, maintain records, and ensure government-wide enforcement.
Practical Implications
- Debarment serves as a safeguard to maintain integrity in federal contracting.
- Contractors must maintain ethical standards and compliance to avoid debarment.
- Failure to monitor or address debarment status can result in lost business opportunities and reputational harm.