9.409
Contract clause
Contracting officers must include clause 52.209-6 in all solicitations and contracts over $45,000 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 $45,000. This clause is designed to protect the government's interests by ensuring that contractors do not subcontract with entities that are debarred, suspended, proposed for debarment, or voluntarily excluded from federal contracts. The regulation is part of the broader framework to prevent federal funds from being awarded to non-responsible parties and to maintain the integrity of the procurement process.
Key Rules
- Clause Inclusion Requirement
- The clause at 52.209-6 must be inserted in all solicitations and contracts over $45,000.
- Scope of Application
- Applies to both solicitations and awarded contracts, ensuring ongoing compliance throughout the contract lifecycle.
Responsibilities
- Contracting Officers: Must ensure the clause is included in all applicable solicitations and contracts.
- Contractors: Must comply with the requirements of clause 52.209-6, including not subcontracting with debarred or suspended entities.
- Agencies: Oversee compliance and enforce consequences for violations.
Practical Implications
- This section exists to prevent federal funds from being funneled to ineligible or non-responsible subcontractors.
- Contractors must carefully vet their subcontractors to avoid compliance violations.
- Failure to include or comply with this clause can result in contract termination or other penalties.