9.406-4
Period of debarment
Debarment periods must be tailored to the seriousness of the cause, with specific limits, and can be extended or reduced only under defined circumstances and procedures.
Overview
FAR 9.406-4 outlines the rules governing the duration of debarment for contractors, specifying how long a debarment should last based on the seriousness of the cause and providing exceptions for certain violations. The section establishes standard periods for debarment, conditions for extension or reduction, and the procedures that must be followed for any changes to the debarment period. It ensures that debarment is not arbitrary and is tailored to the specific circumstances of each case, with oversight by the suspending and debarring official.
Key Rules
- Standard Debarment Periods
- Debarment is generally not to exceed 3 years, but may be up to 5 years for Drug-Free Workplace violations, 1 year for certain immigration violations, and at least 2 years for specific offenses involving suspension.
- Extension of Debarment
- Debarment may be extended if necessary to protect the Government’s interest, but not solely on the original facts. Extensions for immigration violations require specific determinations and follow set procedures.
- Reduction of Debarment
- The period or extent of debarment may be reduced upon contractor request and supporting documentation, for reasons such as new evidence, reversal of conviction, change in ownership, or other appropriate reasons.
Responsibilities
- Contracting Officers: Must ensure debarment periods comply with these rules and consider any requests for reduction or extension per procedures.
- Contractors: Should understand the grounds and duration of debarment, and may request reduction with proper documentation.
- Agencies: The suspending and debarring official must justify and document any extension or reduction, and follow required procedures.
Practical Implications
- This section ensures debarment is fair, proportionate, and reviewable, protecting both government interests and contractor rights. Contractors should be aware of the specific periods and grounds for extension or reduction, and maintain documentation to support any requests for modification. Failure to comply with these rules can result in unnecessarily prolonged debarment or missed opportunities for reinstatement.