FAR 9.400—Scope of subpart.
Plain-English Summary
FAR 9.400 defines the scope of Subpart 9.4, which is the governmentwide framework for debarment and suspension. It explains that the subpart establishes the policies and procedures agencies use to debar or suspend contractors for the causes listed in FAR 9.406-2 and 9.407-2, and it also covers the governmentwide listing of contractors who are debarred, suspended, proposed for debarment, or otherwise declared ineligible. The section further explains the consequences of being on those lists, including the effect on eligibility for federal awards and contracts. It also draws an important boundary: while the subpart addresses the listing of ineligible contractors and the effect of that listing, it does not generally set the procedures for declaring a contractor ineligible, except in the special case of contractors declared ineligible under 10 U.S.C. 983. Finally, it points readers to Subpart 4.23 for Federal Acquisition Supply Chain Security Act (FASCSA) orders, which are handled under a separate framework. In practice, this section tells contracting officials and contractors where the debarment/suspension rules apply, what kinds of exclusions are covered, and when a different statutory regime controls.
Key Rules
Debarment and suspension framework
This subpart prescribes the policies and procedures agencies must follow when debarring or suspending contractors. The authority applies only for the causes listed in FAR 9.406-2 and 9.407-2.
Governmentwide exclusion listings
The subpart provides for listing contractors who are debarred, suspended, proposed for debarment, or declared ineligible. Those listings are the mechanism used to communicate exclusion status across the federal procurement system.
Consequences of being listed
The subpart sets out the effects of being on an exclusion list. In practical terms, the listing can affect a contractor’s ability to receive federal contracts and other covered awards while the exclusion is in effect.
Ineligible contractor rule
Although the subpart covers the listing of ineligible contractors and the effect of that listing, it does not generally establish the procedures for declaring a contractor ineligible. The main exception is for contractors declared ineligible under 10 U.S.C. 983, which is addressed through the cited provisions.
Separate FASCSA authority
For Federal Acquisition Supply Chain Security Act orders, this subpart does not control. Those matters are handled under Subpart 4.23, which is the specific framework for FASCSA-related exclusions and orders.
Responsibilities
Contracting Officer
Apply the debarment and suspension framework when an exclusion issue arises, check the relevant governmentwide lists, and ensure award decisions comply with the effect of any active exclusion or proposed debarment.
Agency Debarring/Suspending Official
Use the procedures in Subpart 9.4 to determine whether debarment or suspension is warranted for the listed causes, and ensure the contractor is properly listed when excluded.
Contractor
Monitor its exclusion status, understand that being debarred, suspended, proposed for debarment, or declared ineligible can affect eligibility for federal business, and respond appropriately to any exclusion action.
Federal Acquisition System / Governmentwide Listing Mechanism
Maintain and rely on the exclusion listings so agencies can identify contractors who are excluded or proposed for exclusion and apply the proper consequences consistently.
Officials handling 10 U.S.C. 983 matters
Follow the special statutory and regulatory procedures applicable to declarations of ineligibility under 10 U.S.C. 983, rather than assuming Subpart 9.4 supplies the full process.
Officials handling FASCSA orders
Use Subpart 4.23 instead of Subpart 9.4 when the matter involves a Federal Acquisition Supply Chain Security Act order.
Practical Implications
This section is a roadmap for where to look when exclusion issues arise: Subpart 9.4 for debarment and suspension, Subpart 4.23 for FASCSA orders, and special rules for 10 U.S.C. 983 ineligibility.
A common pitfall is treating all forms of ineligibility the same. FAR 9.400 makes clear that the subpart does not generally create the procedures for declaring ineligibility, so users must identify the actual legal basis before acting.
Contracting officers should verify exclusion status before award and throughout performance when relevant, because a listing can have immediate practical consequences for eligibility and responsibility determinations.
Contractors should understand that being proposed for debarment is itself a listed status with consequences, even before a final debarment decision is made.
Because the section is only a scope provision, it does not provide the full procedural steps for exclusion actions; users must read it together with the detailed provisions in the rest of Subpart 9.4 and any other applicable authority.
Official Regulatory Text
(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 .