FAR 9.402 limits debarment and suspension to public-interest protection, requires responsible contractors, and calls for agency coordination.
Summary
How does FAR 9.402 govern suspension and debarment actions? FAR 9.402 limits debarment and suspension to public-interest protection, requires responsible contractors, and calls for agency coordination.
FAR Subpart 9.4 governs debarment, suspension, and the listing of ineligible contractors, and it also states the consequences of those listings. Under FAR 9.402, agencies must solicit offers from, award contracts to, and consent to subcontracts only with responsible contractors. Debarment and suspension are discretionary tools, but the rule limits them to the public interest and the Government’s protection, not punishment. The policy also expects agencies to coordinate their actions and to establish procedures that implement the subpart. If more than one agency has an interest in the same contractor, the Interagency Suspension and Debarment Committee resolves the lead-agency issue and coordinates that resolution before any suspension, debarment, or related administrative action starts. The current compiled text also notes a scope limit: Subpart 9.4 does not generally prescribe policies and procedures for declarations of ineligibility, except for contractors declared ineligible under 10 U.S.C. 983. For the current FAR text shown by Acquisition.gov, the cited policy is in FAC 2026-01, effective March 13, 2026.
Confirm the subpart’s scope and the policy requiring responsible contractors.
Treat debarment and suspension as public-interest measures, not punishment.
If more than one agency is involved, route the lead-agency issue through the ISDC before initiation.
Establish agency procedures to carry out Subpart 9.4 consistently.
Subpart 9.4 covers debarment, suspension, and the listing and consequences of ineligible contractors, but it does not generally prescribe procedures for declarations of ineligibility except the specified 10 U.S.C. 983 case.