FAR 9.406-4—Period of debarment.
Plain-English Summary
FAR 9.406-4 explains how long a debarment lasts, when it may be extended, and when it may be shortened. It covers the general rule that debarment must be for a period commensurate with the seriousness of the cause, the usual 3-year maximum, and the special time limits for certain causes, including Drug-Free Workplace violations, immigration-related debarments under 9.406-2(b)(2), and debarments under 9.406-2(b)(1)(vii) when suspension comes first. It also explains that any prior suspension time counts toward the debarment period, that the suspending and debarring official may extend debarment only when needed to protect the Government’s interest and not merely by repeating the original facts, and that some immigration-related debarments may be extended in one-year increments if the proper official finds the violation continues. Finally, it gives the contractor a path to request a reduction in the debarment period or scope based on new evidence, reversal of the underlying judgment, a bona fide change in ownership or management, elimination of the cause, or other appropriate reasons. In practice, this section matters because it sets the outer limits of exclusion from federal contracting, defines when a contractor can seek relief, and requires agencies to justify both extensions and reductions with facts and documentation.
Key Rules
Debarment must fit the cause
The debarment period must be commensurate with the seriousness of the underlying cause(s). This means the suspending and debarring official must tailor the length to the misconduct and risk to the Government, rather than applying a fixed term in every case.
Three-year general maximum
As a general rule, debarment should not exceed 3 years. This is the default ceiling unless a specific FAR exception applies.
Special longer or shorter terms
Certain causes have special time limits: Drug-Free Workplace violations may last up to 5 years; debarments under 9.406-2(b)(2) are generally 1 year unless extended; and debarments under 9.406-2(b)(1)(vii) must be at least 2 years, counting any prior suspension time.
Suspension time counts
If a suspension happens before debarment, the suspension period is included when calculating the debarment period. Agencies cannot effectively double-count exclusion time by starting the debarment clock from zero after a suspension.
Extensions require a Government-interest finding
The suspending and debarring official may extend debarment only if the extension is necessary to protect the Government’s interest. The extension cannot be based solely on the same facts and circumstances that supported the original debarment.
Immigration-related extensions are limited
Debarments under 9.406-2(b)(2) may be extended for additional one-year periods if the Secretary of Homeland Security or the Attorney General determines the contractor continues to violate the employment provisions of the Immigration and Nationality Act. Any extension must follow the procedures in 9.406-3.
Contractors may seek reduction
A contractor may request a reduction in the period or extent of debarment, supported by documentation. Recognized grounds include newly discovered material evidence, reversal of the conviction or civil judgment, bona fide changes in ownership or management, elimination of the causes for debarment, or other reasons the official finds appropriate.
Responsibilities
Suspending and Debarring Official
Set the debarment period based on the seriousness of the cause, apply the correct special time limits, count any prior suspension time, and decide whether an extension or reduction is justified. The official must ensure any extension is necessary to protect the Government’s interest and must follow FAR 9.406-3 procedures when extending debarment.
Contractor
Monitor the debarment period, provide documentation if requesting a reduction in the period or extent of debarment, and show qualifying grounds such as new evidence, reversal of the underlying judgment, a bona fide change in ownership or management, or elimination of the cause.
Secretary of Homeland Security or Attorney General
For debarments under 9.406-2(b)(2), determine whether the contractor continues to violate the employment provisions of the Immigration and Nationality Act as a basis for one-year extensions.
Contracting Activity / Agency
Track exclusion periods accurately, ensure suspension time is credited toward debarment when applicable, and avoid relying on the same facts alone to justify an extension. The agency must also use the proper procedures when extending a debarment.
Practical Implications
Debarment length is not automatic; agencies must justify the term and tie it to the seriousness of the misconduct.
A prior suspension can materially shorten the remaining debarment period, so contractors and agencies should calculate dates carefully.
Extensions are not a second bite at the apple based on the same conduct alone; the Government needs a current protection-based rationale.
Contractors seeking relief should submit strong supporting documentation, especially for ownership/management changes or elimination of the underlying problem.
Immigration-related debarments have their own extension rules, so agencies must confirm the correct statutory basis before setting or extending the term.
Official Regulatory Text
(a) (1) Debarment shall be for a period commensurate with the seriousness of the cause(s). Generally, debarment should not exceed 3 years, except that- (i) Debarment for violation of the provisions of 41 U.S.C. chapter 81 , Drug-Free Workplace (see 26.505 ) may be for a period not to exceed 5 years; (ii) Debarments under 9.406-2 (b)(2) shall be for 1 year unless extended pursuant to paragraph (b) of this section; and (iii) Debarments under 9.406-2 (b)(1)(vii) shall be for a period of not less than 2 years, inclusive of any suspension period, if suspension precedes a debarment (see paragraph (a)(2) of this section). (2) If suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. (b) The suspending and debarring official may extend the debarment for an additional period, if that official determines that an extension is necessary to protect the Government’s interest. However, a debarment may not be extended solely on the basis of the facts and circumstances upon which the initial debarment action was based. Debarments under 9.406-2 (b)(2) may be extended for additional periods of one year if the Secretary of Homeland Security or the Attorney General determines that the contractor continues to be in violation of the employment provisions of the Immigration and Nationality Act. If debarment for an additional period is determined to be necessary, the procedures of 9.406-3 shall be followed to extend the debarment. (c) The suspending and debarring official may reduce the period or extent of debarment, upon the contractor’s request, supported by documentation, for reasons such as- (1) Newly discovered material evidence; (2) Reversal of the conviction or civil judgment upon which the debarment was based; (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the debarment was imposed; or (5) Other reasons the the suspending and debarring official deems appropriate.