9.407-5
Scope of suspension
Suspension imposes the same contracting restrictions as debarment, but must follow distinct suspension procedures outlined in FAR 9.407-3.
Overview
FAR 9.407-5 clarifies that the scope of a contractor's suspension from government contracting is identical to the scope of debarment as outlined in FAR 9.406-5. However, the procedures for imposing a suspension are governed by FAR 9.407-3, not those for debarment. This means that when a contractor is suspended, the same limitations and restrictions apply as if they were debarred, but the process for enacting the suspension is distinct and must follow the specific steps for suspension cases.
Key Rules
- Scope of Suspension
- The restrictions and limitations placed on a suspended contractor mirror those of a debarred contractor, affecting their eligibility for government contracts and subcontracts.
- Procedures for Suspension
- The process for imposing a suspension must follow the procedures set out in FAR 9.407-3, not those for debarment.
Responsibilities
- Contracting Officers: Must apply the same scope of restrictions to suspended contractors as to debarred ones and ensure suspension procedures follow FAR 9.407-3.
- Contractors: Must understand that suspension carries the same contracting limitations as debarment and be aware of the procedural differences.
- Agencies: Must ensure proper procedures are followed and that the scope of suspension is consistently applied.
Practical Implications
- This section ensures consistency in the impact of suspension and debarment, while maintaining procedural distinctions. Contractors should be aware that suspension is as serious as debarment in terms of contracting limitations, even though the process to impose it is different. Failure to follow the correct procedures can result in improper suspension actions.