C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER B—ACQUISITION PLANNING › PART 9—CONTRACTOR QUALIFICATIONS › Subpart 9.4—Debarment, Suspension, and Ineligibility

48 C.F.R. § 9.400

9.400 Scope of subpart.

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(a) This subpart—

(1) Prescribes policies and procedures governing the debarment and suspension of contractors by agencies for the causes given in 9.406-2 and 9.407-2;

(2) Provides for the listing of contractors debarred, suspended, proposed for debarment, and declared ineligible (see the definition of ineligible in 2.101); and

(3) Sets forth the consequences of this listing.

(b) Although this subpart does cover the listing of ineligible contractors (9.404) and the effect of this listing (9.405), it does not prescribe policies and procedures governing declarations of ineligibility except for contractors that have been declared ineligible pursuant to 10 U.S.C. 983 (see 9.110, and 9.405-1(b)).

(c) For Federal Acquisition Supply Chain Security Act (FASCSA) orders, see subpart 4.23.

[48 FR 42142, Sept. 19, 1983, as amended at 54 FR 19814, May 8, 1989; 66 FR 2128, Jan. 10, 2001; 85 FR 67621, Oct. 23, 2020; 86 FR 3678, Jan. 14, 2021; 88 FR 69513, Oct. 5, 2023]
Notes of Decisions
Cited in 5 cases, 1988–2017 · leading case: Friedler v. General Services Administration
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Friedler v. General Services Administration (2017) dcd “]” 48 C.F.R, § 9.400(a)(1). The FAR makes clear that, because government contracts are awarded based on the contracting officer’s “affirmative determination of [the prospective contractor’s] responsibility^]” id.”
James C. Caiola v. William H. Carroll (1988) cadc “” 48 C.F.R. 9.400(a)(1). Debarment is an administrative action which excludes nonres-ponsible contractors from government contracting.”
Burke v. United States Environmental Protection Agency (2001) dcd “See 48 C.F.R. § 9.400 (a)(1). 3 .Pursuant to LCvR 7.”
Carroll A. Novicki v. Janet C. Cook, Special Assistant for Contracting Integrity Defense Logistics Agency, in Her Offici (1991) cadc “See 48 C.F.R. § 9.400 (a)(1). Under the regulation, a contractor may be debarred for a number of reasons, including fraud in the performance of a public contract or subcontract, see id.”
Textor v. Cheney (1991) dcd “The FAR “[prescribes policies and procedures governing the debarment and suspension of contractors by agencies_” 48 C.F.R. § 9.400 (a)(1). In Caiola , the Court extended the debarment decision to include the debarment of individuals associated with corporate government…”
— 48 C.F.R. § 9.400(a)(1) — 2 cases
Friedler v. General Services Administration (2017) dcd “]” 48 C.F.R, § 9.400(a)(1). The FAR makes clear that, because government contracts are awarded based on the contracting officer’s “affirmative determination of [the prospective contractor’s] responsibility^]” id.”
James C. Caiola v. William H. Carroll (1988) cadc “” 48 C.F.R. 9.400(a)(1). Debarment is an administrative action which excludes nonres-ponsible contractors from government contracting.”
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