48 C.F.R. § 9.406-4

9.406-4 Period of debarment.

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(a)(1) Debarment shall be for a period commensurate with the seriousness of the cause(s). Generally, debarment should not exceed 3 years, except that—

(i) Debarment for violation of the provisions of 41 U.S.C. chapter 81, Drug-Free Workplace (see 26.505) may be for a period not to exceed 5 years;

(ii) Debarments under 9.406-2(b)(2) shall be for 1 year unless extended pursuant to paragraph (b) of this section; and

(iii) Debarments under 9.406-2(b)(1)(vii) shall be for a period of not less than 2 years, inclusive of any suspension period, if suspension precedes a debarment (see paragraph (a)(2) of this section).

(2) If suspension precedes a debarment, the suspension period shall be considered in determining the debarment period.

(b) The suspending and debarring official may extend the debarment for an additional period, if that official determines that an extension is necessary to protect the Government's interest. However, a debarment may not be extended solely on the basis of the facts and circumstances upon which the initial debarment action was based. Debarments under 9.406-2(b)(2) may be extended for additional periods of one year if the Secretary of Homeland Security or the Attorney General determines that the contractor continues to be in violation of the employment provisions of the Immigration and Nationality Act. If debarment for an additional period is determined to be necessary, the procedures of 9.406-3 shall be followed to extend the debarment.

(c) The suspending and debarring official may reduce the period or extent of debarment, upon the contractor's request, supported by documentation, for reasons such as—

(1) Newly discovered material evidence;

(2) Reversal of the conviction or civil judgment upon which the debarment was based;

(3) Bona fide change in ownership or management;

(4) Elimination of other causes for which the debarment was imposed; or

(5) Other reasons the suspending and debarring official deems appropriate.

[48 FR 42142, Sept. 19, 1983, as amended at 54 FR 4968, Jan. 31, 1989; 54 FR 19815, May 8, 1989; 55 FR 21707, May 25, 1990; 61 FR 41473, Aug. 8, 1996; 69 FR 34231, June 18, 2004; 79 FR 24199, Apr. 29, 2014; 83 FR 28148, June 15, 2018; 84 FR 19845, May 6, 2019; 86 FR 3679, Jan. 14, 2021; 89 FR 30237, Apr. 22, 2024; 90 FR 514, Jan. 3, 2025]

Notes of Decisions

Cited in 14 cases, 1986–2020 · leading case: Impresa Construzioni Geom. Domenico Garufi v. United States, 238 F.3d 1324 (Fed. Cir. 2001).

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Impresa Construzioni Geom. Domenico Garufi v. United States, 238 F.3d 1324 (Fed. Cir. 2001). “However, the debarment regulations specifically recognize that a “bona fide change in ownership or management” may result in a reduction in the scope or period of debarment, 48 C.F.R. § 9.406-4 (c)(3), and the District of Columbia Circuit has similarly recognized that an…”

Friedler v. Gen. Servs. Admin., 271 F. Supp. 3d 40 (D.D.C. 2017). · cites it 3× “) See also 48 C.F.R. § 9.406-4 (a)(2) (establishing that, “[i]f suspension precedes a debarment,” the effective term* of the debarment is measured from the date of the commencement of the suspension period), 3 ' "Like his prior Notice of Proposed Debarment, Friedler’s Final…”

Shane Meat Co., Inc. & H. Ronald Shane v. United States Dep't of Def. & Def. Logistics Agency, 800 F.2d 334 (3rd Cir. 1986). · cites it 2× “See 48 C.F.R. § 9.406-4 (a)(1984). The district judge did not provide such an analysis and thus failed to establish that there was no “rational connection between the facts found and the [three year] choice made” by the agency.”

United States v. George Glymph, D/B/A Specifications & Standards, Inc., 96 F.3d 722 (4th Cir. 1996). “See 48 C.F.R. § 9.406-4 (providing that "generally, debarment should not exceed 3 years" except where an extension is necessary based on new facts or circumstances).”

Impresa Construzioni Geom. Domenico Garufii v. United States, 52 Fed. Cl. 421 (Fed. Cl. 2002). “…that a "bona fide change in ownership or management” may reduce the extent or period of a contractor’s debarment. 48 C.F.R. § 9.406-4 (c)(3) (1998).”

United States v. Fred L. Hatfield, Sr., D/B/A Hvac Constr. Co., Inc., 108 F.3d 67 (4th Cir. 1997). · cites it 2× “See 48 C.F.R. § 9.406-4 ; see also Glymph, 96 F.”

Gov't Servs. Corp. v. United States, 131 Fed. Cl. 409 (Fed. Cl. 2017). “See 48 C.F.R. § 9.406-4 ; see also Gov’t App’x at A120 (evidencing that Plaintiff's debarment terminated on 2/19/17).”

Wellham v. Cheney, 934 F.2d 305 (11th Cir. 1991). · cites it 6× “Under 48 C.F.R. § 9.406-4 (b), “a debarment may not be extended solely on the basis of the facts and circumstances upon which the initial debarment action was based.”

Campbell v. Schmidt (D.D.C. 2020). · cites it 4× “The Continuation Notice states that, “[a]fter careful review of the administrative record and [Campbell’s] submissions,” SDO Schmidt determined that her request did not meet the conditions for post-debarment relief under 48 C.F.R. § 9.406-4 (c). Id. The notice provides no…”

Int'l Exports, Inc. v. Hagel (D.D.C. 2017). “The Court understands this referenced conduct to be the basis for the fifteen-year term of debarment, as opposed to the more standard three-year period set forth in the FAR, see 48 C.F.R. § 9.406-4 (a)(1) (“Generally, debarment should not exceed [three] years .”

Int'l Exports, Inc. v. Mattis, 265 F. Supp. 3d 35 (D.C. Cir. 2017). “the more standard three-year period set forth in the FAR, see 48 C.F.R. § 9.406-4 (a)(l) (“Generally, debarment should not exceed [three] years .”

United States v. Hatfield (4th Cir. 1997). · cites it 2× “See 48 C.F.R.§ 9.406-4; see also Glymph, 96 F.”

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