FAR 9.401—Applicability.
Plain-English Summary
FAR 9.401 explains how governmentwide exclusion actions are treated across the procurement and nonprocurement systems. It covers the cross-recognition of debarment, suspension, proposed debarment, and other governmentwide exclusions between the FAR suspension and debarment rules and the Nonprocurement Common Rule implementing Executive Order 12549. The section also identifies the effective date trigger—actions initiated on or after August 25, 1995—and ties that rule to Public Law 103-355, section 2455, and Executive Order 12689. In practical terms, this means an exclusion entered in one system generally follows the person or entity into the other system for Executive Branch agencies, so contractors, grantees, and agencies cannot treat procurement and nonprocurement exclusions as separate or isolated events. The purpose is to create consistent, governmentwide protection against doing business with excluded parties and to prevent a party from avoiding exclusion by moving between contracting and assistance programs.
Key Rules
Cross-recognition of exclusions
A debarment, suspension, or other governmentwide exclusion under the Nonprocurement Common Rule is recognized as a debarment or suspension under FAR Subpart 9.4 for Executive Branch agencies. The same exclusion has effect across both systems.
Reverse recognition also applies
Any debarment, suspension, proposed debarment, or other governmentwide exclusion initiated under FAR Subpart 9.4 is also recognized as an exclusion under the Nonprocurement Common Rule. This makes the exclusion effective in both procurement and nonprocurement contexts.
Applies to actions on or after August 25, 1995
The cross-recognition rule applies only to exclusions initiated on or after August 25, 1995. That date is the key cutoff for determining whether the reciprocal effect between the two systems applies.
Executive Branch agency coverage
The rule states that the exclusion is effective for Executive Branch agencies. In practice, those agencies must treat the exclusion as valid across the relevant federal systems when determining eligibility and responsibility.
Governmentwide exclusions are the focus
The section is about governmentwide exclusions, not only agency-specific actions. The practical effect is broader than a single agency’s procurement file and reaches across federal programs covered by the applicable exclusion system.
Responsibilities
Contracting Officer
Recognize applicable debarments, suspensions, proposed debarments, and other governmentwide exclusions from the Nonprocurement Common Rule as effective under FAR Subpart 9.4, and treat FAR exclusions as effective for purposes of procurement eligibility and related determinations.
Agency Suspension and Debarment Official
Ensure exclusion actions taken under FAR Subpart 9.4 are entered and administered so they are recognized governmentwide, and coordinate with the nonprocurement exclusion system when needed.
Executive Branch Agency
Honor governmentwide exclusions initiated on or after August 25, 1995, across procurement and nonprocurement activities, and avoid awarding or otherwise engaging excluded parties where the rules prohibit it.
Contractor or Participant
Monitor exclusion status in both procurement and nonprocurement systems, disclose relevant exclusion history when required, and understand that an exclusion in one system can affect eligibility in the other.
Practical Implications
A suspension or debarment in one federal system can block participation in the other, so parties cannot assume a clean slate just because the action arose under a different program type.
The August 25, 1995 date matters; older actions may not automatically carry the same reciprocal effect, so users should verify the initiation date before relying on cross-recognition.
Contracting officers should check exclusion records broadly, not just procurement-specific sources, because a nonprocurement exclusion may still bar award.
Contractors and participants should treat exclusion risk as governmentwide risk: one adverse action can affect contracts, grants, cooperative agreements, and other federal transactions.
A common pitfall is assuming a proposed debarment or other governmentwide exclusion is limited to one agency or one funding stream; this section makes clear the effect is broader for Executive Branch agencies.
Official Regulatory Text
In accordance with Public Law 103-355, Section 2455 ( 31 U.S.C.6101 , note), and Executive Order 12689, any debarment, suspension or other Governmentwide exclusion initiated under the Nonprocurement Common Rule implementing Executive Order 12549 on or after August 25, 1995, shall be recognized by and effective for Executive Branch agencies as a debarment or suspension under this subpart. Similarly, any debarment, suspension, proposed debarment or other Governmentwide exclusion initiated on or after August 25, 1995, under this subpart shall also be recognized by and effective for those agencies and participants as an exclusion under the Nonprocurement Common Rule.