48 C.F.R. § 9.407-2

9.407-2 Causes for suspension.

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(a) The suspending and debarring official may suspend a contractor suspected, upon adequate evidence, of—

(1) Commission of fraud or a criminal offense in connection with—

(i) Obtaining;

(ii) Attempting to obtain; or

(iii) Performing a public contract or subcontract;

(2) Violation of Federal or State antitrust statutes relating to the submission of offers;

(3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(4) Violations of 41 U.S.C. chapter 81, Drug-Free Workplace, as indicated by—

(i) Failure to comply with the requirements of the clause at 52.226-7, Drug-Free Workplace; or

(ii) Such a number of contractor employees convicted of violations of criminal drug statutes occurring in the workplace as to indicate that the contractor has failed to make a good faith effort to provide a drug-free workplace (see 26.504);

(5) Intentionally affixing a label bearing a “Made in America” inscription (or any inscription having the same meaning) to a product sold in or shipped to the United States or its outlying areas, when the product was not made in the United States or its outlying areas (see Section 202 of the Defense Production Act (Public Law 102-558));

(6) Commission of an unfair trade practice as defined in 9.403 (see section 201 of the Defense Production Act (Pub. L. 102-558));

(7) Delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2). See the criteria at 9.406-2(b)(1)(v) for determination of when taxes are delinquent;

(8) Knowing failure by a principal, until 3 years after final payment on any Government contract awarded to the contractor, to timely disclose to the Government, in connection with the award, performance, or closeout of the contract or a subcontract thereunder, credible evidence of—

(i) Violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code;

(ii) Violation of the civil False Claims Act (31 U.S.C. 3729-3733); or

(iii) Significant overpayment(s) on the contract, other than overpayments resulting from contract financing payments as defined in 32.001; or

(9) Determination of a false certification under 52.209-13, Violation of Arms Control Treaties or Agreements-Certification.

(10) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a Government contractor or subcontractor.

(b) Indictment for any of the causes in paragraph (a) of this section constitutes adequate evidence for suspension.

(c) The suspending and debarring official may upon adequate evidence also suspend a contractor for any other cause of so serious or compelling a nature that it affects the present responsibility of a Government contractor or subcontractor.

[48 FR 42142, Sept. 19, 1983, as amended at 54 FR 4968, Jan. 31, 1989; 55 FR 21707, May 25, 1990; 59 FR 11373, Mar. 10, 1994; 61 FR 2633, Jan. 26, 1996; 61 FR 69291, Dec. 31, 1996; 68 FR 28081, May 22, 2003; 73 FR 21798, Apr. 22, 2008; 73 FR 67091, Nov. 12, 2008; 79 FR 24199, Apr. 29, 2014; 80 FR 38296, July 2, 2015; 84 FR 19845, May 6, 2019; 85 FR 40067, July 2, 2020; 86 FR 3679, Jan. 14, 2021; 89 FR 30237, Apr. 22, 2024; 90 FR 515, Jan. 3, 2025]

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1984–2025 · leading case: Com. Drapery Contractors, Inc. v. United States, 133 F.3d 1 (D.C. Cir. 1998).

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Com. Drapery Contractors, Inc. v. United States, 133 F.3d 1 (D.C. Cir. 1998). · cites it 2× “The controlling regulation, 48 C.F.R. § 9.407-2 (a)(l), provides that the suspending official “may suspend a contractor suspected, upon adequate evidence, of .”

Com. Drapery Contractors, Inc. v. United States, 967 F. Supp. 1 (D.D.C. 1997). · cites it 2× “” 48 C.F.R. § 9.407-2 (a). The regulations further provide that an indictment for the commission of such crimes is per se adequate evidence for suspension.”

United States v. Rivera Constr. Co., 863 F.2d 293 (3rd Cir. 1988). “After indictment in April 1987, RCC was suspended from receiving federal contracts pursuant to 48 C.F.R. § 9.407-2 (1987). As almost all of RCC’s work came from set-aside contracts, the corporation received virtually no new work after the indictment.”

James A. Merritt & Sons v. Marsh, 791 F.2d 328 (4th Cir. 1986). “48 C.F.R. 9.407-2. We agree with the rationale of that provision.”

James Merritt & Sons v. Marsh, 791 F.2d 328 (4th Cir. 1986). “48 C.F.R. 9.407-2. We agree with the rationale of that provision.”

Kirkpatrick v. White, 351 F. Supp. 2d 1261 (N.D. Ala. 2004). “” 27 48 C.F.R. § 9.407-2 (c). The regulations further provide: .”

Joanne Mistler v. Lockheed Martin Corp.. (Mass. App. Ct. 2025). · cites it 4× “The plaintiff claims that the reporting requirements of 48 C.F.R. §§ 9.407-2 and 52.203-13 do not apply because the defendant "had no credible evidence that [the plaintiff] overstated her time.”

Frequency Elec. v. US Dept Air Force (4th Cir. 1998). “" See 48 C.F.R. § 9.407-2 (a). 5 In contrast to a suspension, debarment is exclusion from govern- ment contracting for a fixed period of time.”

Coleman Am. Moving Servs., Inc. v. Weinberger, 716 F. Supp. 1405 (M.D. Ala. 1989). “, 48 C.F.R. § 9.407-2 (listing specific causes for suspension of right to bid on government contracts).”

ATL, Inc. v. United States, 6 Cl. Ct. 539 (Ct. Cl. 1984). “42151 (1983) (to be codified in 48 C.F.R. § 9.407-2 (b)). Nor is there any contention that such regulations are invalid.”

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