48 C.F.R. § 209.406-1

209.406-1 General.

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(a)(i) When the debarring official decides that debarment is not necessary, the official may require the contractor to enter into a written agreement which includes—

(A) A requirement for the contractor to establish, if not already established, and to maintain the standards of conduct and internal control systems prescribed by FAR subpart 3.10; and

(B) Other requirements the debarring official considers appropriate.

(ii) Before the debarring official decides not to suspend or debar in the case of an indictment or conviction for a felony, the debarring official must determine that the contractor has addressed adequately the circumstances that gave rise to the misconduct, and that appropriate standards of ethics and integrity are in place and are working.

[57 FR 14992, Apr. 23, 1992, as amended at 76 FR 76319, Dec. 7, 2011]

Notes of Decisions

Cited in 1 case, 1986–1986 · leading case: Shane Meat Co., Inc. & H. Ronald Shane v. United States Dep't of Def. & Def. Logistics Agency, 800 F.2d 334 (3rd Cir. 1986).

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Shane Meat Co., Inc. & H. Ronald Shane v. United States Dep't of Def. & Def. Logistics Agency, 800 F.2d 334 (3rd Cir. 1986). “See also The Department of Defense Acquisition Regulations, 48 C.F.R. § 209.406-1 (d) (effective October 1, 1985) (adding new language which relates the term of debarment to the time needed by the contractor to effect changes responsive to the criminal conduct).”

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