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    Home/FAR Navigator/9/9.4/9.407/9.407-2

    FAR Navigator

    • 1Federal Acquisition Regulations System
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        • 9.405Effect of listing.
        • 9.406Debarment.
        • 9.407Suspension.
          • 9.407-1General.
          • 9.407-2Causes for suspension.
          • 9.407-3Procedures.
          • 9.407-4Period of suspension.
          • 9.407-5Scope of suspension.
        • 9.408[Reserved]
        • 9.409Contract clause.
      • 9.5Subpart 9.5
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    • 53Forms
    Up to 9.407
    subsectionUpdated April 16, 2026

    FAR 9.407-2—Causes for suspension.

    Plain-English Summary

    FAR 9.407-2 explains when a suspending and debarring official may temporarily suspend a contractor from federal contracting because there is adequate evidence that the contractor is not presently responsible. This section covers the specific causes for suspension, including fraud and criminal offenses connected to obtaining, attempting to obtain, or performing a public contract or subcontract; antitrust violations related to submitting offers; embezzlement, theft, forgery, bribery, falsification or destruction of records, false statements, tax evasion, violations of Federal criminal tax laws, and receipt of stolen property; Drug-Free Workplace violations under 41 U.S.C. chapter 81 and FAR 52.226-7; false “Made in America” labeling; unfair trade practices; delinquent Federal taxes over $10,000; knowing failure by a principal to disclose credible evidence of certain criminal, civil False Claims Act, or significant overpayment issues; false certification under FAR 52.209-13; and any other offense showing a serious lack of business integrity or honesty. It also states that an indictment for any listed cause is adequate evidence for suspension, and it allows suspension for other serious or compelling causes affecting present responsibility. In practice, this section gives the Government a protective tool to act quickly when credible evidence suggests a contractor may pose a risk, even before final criminal or civil resolution. For contractors, it is a warning that misconduct, non-disclosure, tax delinquency, and integrity failures can trigger immediate exclusion from new awards and continued business with the Government.

    Key Rules

    Suspension is based on present responsibility

    The purpose of suspension is to protect the Government when there is adequate evidence that a contractor may not be presently responsible. It is not a punishment; it is a temporary measure used while facts are unresolved or further action is considered.

    Fraud and criminal conduct qualify

    A contractor may be suspended for fraud or criminal offenses connected to obtaining, attempting to obtain, or performing a public contract or subcontract. This includes a broad range of dishonest or illegal conduct tied to federal procurement activity.

    Antitrust violations are a cause

    Violations of Federal or State antitrust statutes relating to the submission of offers can support suspension. The rule targets collusion and other conduct that undermines fair competition in federal contracting.

    Theft, false statements, and similar offenses matter

    Embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, and receiving stolen property are all listed causes. These offenses indicate a serious integrity problem relevant to contractor responsibility.

    Drug-Free Workplace violations can trigger action

    Violations of 41 U.S.C. chapter 81, including failure to comply with FAR 52.226-7 or a pattern of employee drug convictions showing a lack of good faith effort, may justify suspension. The focus is on whether the contractor has maintained the required drug-free workplace standards.

    False domestic origin claims are covered

    Intentionally affixing a “Made in America” label, or similar wording, to a product not made in the United States or its outlying areas is a listed cause. This protects the Government from deceptive origin claims in procurement and supply chains.

    Unfair trade practices can support suspension

    A contractor may be suspended for an unfair trade practice as defined in FAR 9.403. This ties suspension authority to conduct that distorts competition or violates procurement integrity principles.

    Serious tax delinquency is a cause

    Delinquent Federal taxes exceeding $10,000 may justify suspension. The rule points to FAR 9.406-2(b)(1)(v) for determining when taxes are delinquent, so the amount and delinquency status both matter.

    Mandatory disclosure failures are covered

    A principal’s knowing failure to timely disclose credible evidence of certain criminal law violations, False Claims Act violations, or significant overpayments can support suspension for up to three years after final payment on the contract. This rule emphasizes timely reporting of serious misconduct and payment issues.

    False certification under arms control clause matters

    A determination of false certification under FAR 52.209-13, Violation of Arms Control Treaties or Agreements-Certification, is a listed cause for suspension. False certifications undermine the Government’s ability to rely on contractor representations.

    Other serious integrity offenses may qualify

    The official may suspend for any other offense indicating a lack of business integrity or honesty that seriously and directly affects present responsibility. This catch-all gives flexibility to address serious misconduct not specifically listed.

    An indictment is adequate evidence

    An indictment for any listed cause is itself adequate evidence for suspension. The Government does not need a conviction before acting when a grand jury indictment exists.

    Extraordinary causes are allowed

    The suspending and debarring official may also suspend for any other cause of such serious or compelling nature that it affects present responsibility. This provides a broader safety valve for unusual but serious situations.

    Responsibilities

    Suspending and Debarring Official

    Determine whether adequate evidence exists and decide whether suspension is necessary to protect the Government. Evaluate the listed causes, any indictment, and any other serious or compelling cause affecting present responsibility.

    Contractor

    Avoid the listed misconduct, maintain integrity and compliance, keep required workplace and labeling practices, pay Federal taxes, and ensure principals timely disclose credible evidence of covered violations and significant overpayments.

    Principal of the Contractor

    Timely disclose credible evidence of covered criminal law violations, False Claims Act violations, and significant overpayments in connection with award, performance, or closeout, within the required period after final payment.

    Government Contracting Community

    Identify and report credible evidence of misconduct, tax delinquency, false certifications, or other integrity concerns so the suspending and debarring official can assess whether suspension is warranted.

    Agency Officials

    Support responsibility determinations by documenting evidence, coordinating with legal and investigative personnel as needed, and referring matters that may justify suspension.

    Practical Implications

    1

    Suspension can happen before a criminal case is resolved, so contractors should not assume they are safe until conviction or final judgment. An indictment alone can be enough evidence for the Government to act.

    2

    The rule reaches beyond fraud to include tax delinquency, false certifications, workplace drug issues, labeling fraud, and disclosure failures. Contractors often overlook these nontraditional responsibility risks.

    3

    Mandatory disclosure obligations are a major compliance trap: principals must timely disclose credible evidence of certain crimes, False Claims Act violations, and significant overpayments. Failing to disclose can itself become a suspension trigger.

    4

    Tax compliance matters for responsibility purposes, and delinquent Federal taxes over $10,000 can lead to suspension. Contractors should monitor tax status carefully and resolve disputes or delinquencies promptly.

    5

    Because the rule includes a broad catch-all for serious integrity offenses, contractors should treat ethics, recordkeeping, and internal controls as procurement risks, not just legal or accounting issues.

    Official Regulatory Text

    (a) The suspending and debarring official may suspend a contractor suspected, upon adequate evidence, of- (1) Commission of fraud or a criminal offense in connection with- (i) Obtaining; (ii) Attempting to obtain; or (iii) Performing a public contract or subcontract. (2) Violation of Federal or State antitrust statutes relating to the submission of offers; (3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (4) Violations of 41 U.S.C. chapter 81 , Drug-Free Workplace, as indicated by- (i) Failure to comply with the requirements of the clause at 52.226-7 , Drug-Free Workplace; or (ii) Such a number of contractor employees convicted of violations of criminal drug statutes occurring in the workplace as to indicate that the contractor has failed to make a good faith effort to provide a drug-free workplace (see 26.504 ); (5) Intentionally affixing a label bearing a "Made in America" inscription (or any inscription having the same meaning) to a product sold in or shipped to the United States or its outlying areas, when the product was not made in the United States or its outlying areas (see Section 202 of the Defense Production Act (Public Law102-558)); (6) Commission of an unfair trade practice as defined in 9.403 (see section 201 of the Defense Production Act (Pub.L.102-558)); (7) Delinquent Federal taxes in an amount that exceeds $10;000. See the criteria at 9.406-2 (b)(1)(v) for determination of when taxes are delinquent; (8) Knowing failure by a principal, until 3 years after final payment on any Government contract awarded to the contractor, to timely disclose to the Government, in connection with the award, performance, or closeout of the contract or a subcontract thereunder, credible evidence of- (i) Violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; (ii) Violation of the civil False Claims Act ( 31 U.S.C. 3729 - 3733 ); or (iii) Significant overpayment(s) on the contract, other than overpayments resulting from contract financing payments as defined in 32.001 ; or (9) Determination of a false certification under 52.209-13 , Violation of Arms Control Treaties or Agreements-Certification. (10) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a Government contractor or subcontractor. (b) Indictment for any of the causes in paragraph (a) of this section constitutes adequate evidence for suspension. (c) The suspending and debarring official may upon adequate evidence also suspend a contractor for any other cause of so serious or compelling a nature that it affects the present responsibility of a Government contractor or subcontractor.

    Back to 9.407FAR Navigator
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