9.407-4 Period of suspension
Source: FAR 9.407-4 on acquisition.gov
Suspensions are strictly time-limited and cannot exceed 18 months unless legal proceedings are initiated, ensuring due process for contractors.
Overview
FAR 9.407-4 outlines the duration and procedural requirements for suspensions of contractors pending investigation and legal proceedings. The regulation establishes that suspensions are temporary and details the maximum allowable period, as well as the process for extending or terminating a suspension. It ensures due process by limiting the suspension period unless legal action is initiated or an extension is formally requested by prosecuting authorities.
Key Rules
- Temporary Nature of Suspension
- Suspensions are intended to be temporary, pending the outcome of investigations or legal proceedings, and may be terminated earlier by the suspending and debarring official.
- Maximum Suspension Period
- If legal proceedings are not started within 12 months, the suspension must end unless an extension is requested by a prosecuting official, in which case it can be extended for up to 6 more months, but never beyond 18 months unless legal proceedings have begun.
- Notification Requirement
- The suspending and debarring official must notify the Department of Justice or other prosecuting official at least 30 days before the 12-month period ends to allow for an extension request.
Responsibilities
- Contracting Officers: Must monitor suspension periods and ensure compliance with termination or extension requirements.
- Contractors: Should be aware of their suspension status and the maximum allowable period.
- Agencies: Must follow notification and documentation procedures, and ensure suspensions do not exceed regulatory limits without proper legal proceedings.
Practical Implications
- This section protects contractors from indefinite suspension and ensures timely resolution of investigations.
- Contracting professionals must track suspension timelines and coordinate with legal authorities to avoid procedural errors.
- Failure to comply with these requirements can result in improper suspension or legal challenges.
(a) Suspension shall be for a temporary period pending the completion of an investigation and any ensuing legal proceedings, unless sooner terminated by the suspending and debarring official or as provided in this section.
(b) If legal proceedings are not initiated within 12 months after the date of the suspension notice, the suspension shall be terminated unless an office of a U.S. Assistant Attorney General, U.S. Attorney, or other responsible prosecuting official requests its extension, in which case it may be extended for an additional 6 months. In no event may a suspension extend beyond 18 months, unless legal proceedings have been initiated within that period.
(c) The suspending and debarring official shall notify the Department of Justice or other responsible prosecuting official of the proposed termination of the suspension, at least 30 days before the 12-month period expires, to give that official an opportunity to request an extension on the Government's behalf.