C.F.R. » Title 48 » CHAPTER 2—DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE › SUBCHAPTER B—ACQUISITION PLANNING › PART 209—CONTRACTOR QUALIFICATIONS › Subpart 209.4—Debarment, Suspension, and Ineligibility

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. v. United States Dep't of Def. & Def. Logistics Agency, 800 F.2d 334 (3d Cir. 1986).
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Shane Meat Co. v. United States Dep't of Def. & Def. Logistics Agency, 800 F.2d 334 (3d 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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