9.409
Contract clause
Include clause 52.209-6 in all solicitations and contracts over $35,000 to prevent subcontracting with debarred or suspended entities.
Overview
FAR 9.409 requires contracting officers to include the clause at 52.209-6 in all solicitations and contracts exceeding $35,000. This clause, "Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded," is designed to ensure that prime contractors do not engage in subcontracts with parties that are debarred, suspended, or otherwise ineligible to participate in federal contracts. The regulation aims to protect the government from potential risks associated with doing business with non-responsible parties.
Key Rules
- Clause Inclusion Requirement
- The clause at 52.209-6 must be inserted in all solicitations and contracts over $35,000.
- Applicability Threshold
- The requirement applies only to contracts where the total value exceeds $35,000.
Responsibilities
- Contracting Officers: Must ensure the clause is included in applicable solicitations and contracts.
- Contractors: Must comply with the requirements of clause 52.209-6, including not subcontracting with debarred or suspended entities.
- Agencies: Should monitor compliance and ensure proper clause usage.
Practical Implications
- This section exists to prevent federal funds from being directed to entities that have been excluded from government contracting due to serious issues such as fraud or poor performance.
- Contractors must carefully vet their subcontractors to avoid compliance violations.
- Failure to include or comply with this clause can result in contract disputes, penalties, or further debarment actions.