48 C.F.R. § 9.407-4

9.407-4 Period of suspension.

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(a) Suspension shall be for a temporary period pending the completion of an investigation and any ensuing legal proceedings, unless sooner terminated by the suspending and debarring official or as provided in this section.

(b) If legal proceedings are not initiated within 12 months after the date of the suspension notice, the suspension shall be terminated unless an office of a U.S. Assistant Attorney General, U.S. Attorney, or other responsible prosecuting official requests its extension, in which case it may be extended for an additional 6 months. In no event may a suspension extend beyond 18 months, unless legal proceedings have been initiated within that period.

(c) The suspending and debarring official shall notify the Department of Justice or other responsible prosecuting official of the proposed termination of the suspension, at least 30 days before the 12-month period expires, to give that official an opportunity to request an extension on the Government's behalf.

[48 FR 42142, Sept. 19, 1983, as amended at 51 FR 2649, Jan. 17, 1986; 90 FR 516, Jan. 3, 2025]
Notes of Decisions
Cited in 6 cases, 1984–2018 · leading case: Agility Def. & Gov't Servs., Inc. v. U.S. Dep't of Def., 739 F.3d 586 (11th Cir. 2013).
Agility Def. & Gov't Servs., Inc. v. U.S. Dep't of Def., 739 F.3d 586 (11th Cir. 2013). · cites it 2× “See 48 C.F.R. § 9.407-4 (b) (2012). When an agency suspends a government contractor, the agency may also suspend an affiliate of the contractor based solely on its affiliate status.”
Am. Auto Logistics, Lp v. United States, 117 Fed. Cl. 137 (Fed. Cl. 2014). “” 48 C.F.R. § 9.407-4 (b). The agency argues that we must interpret “legal proceedings” as legal proceedings against the indicted government contractor.”
JDL Constr., Inc. v. United States, 14 Cl. Ct. 825 (Ct. Cl. 1988). “48 CFR Section 9.407-4(a). If no legal proceedings are initiated against the suspended contractor, the suspension in no event lasts beyond 18 months.”
Allen v. United States (Fed. Cl. 2018). “” 48 C.F.R. § 9.407-4 . 14 “(1) If the contractor enters into an administrative agreement with the Government in order to resolve a suspension proceeding, the suspending official shall access the website .”
ATL, Inc. v. United States, 6 Cl. Ct. 539 (Ct. Cl. 1984). · cites it 2× “42151 (1983) (to be codified at 48 C.F.R. § 9.407-4 (b)). The motion further contended that the Navy’s delay in coming to a decision after the July 11 hearing was unreasonable.”
Frequency Elec. v. US Dept Air Force (4th Cir. 1998). “See 48 C.F.R. § 9.407-4 (b) ("In no event may a suspension extend beyond 18 months, unless legal proceedings have been initiated within that period.”
— 48 C.F.R. § 9.407-4(a) — 1 case
JDL Constr., Inc. v. United States, 14 Cl. Ct. 825 (Ct. Cl. 1988). “48 CFR Section 9.407-4(a). If no legal proceedings are initiated against the suspended contractor, the suspension in no event lasts beyond 18 months.”
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