FAR 9.407-4—Period of suspension.
Plain-English Summary
FAR 9.407-4 sets the time limits for a suspension and explains when it must end, when it may be extended, and who must be notified before it expires. It covers the basic rule that suspension is temporary and tied to an ongoing investigation and any resulting legal proceedings, the 12-month deadline for starting legal proceedings, the limited 6-month extension if a responsible prosecuting official requests it, the absolute 18-month maximum unless proceedings have already begun, and the requirement for advance notice to the Department of Justice or another responsible prosecuting official. In practice, this section prevents suspensions from becoming open-ended exclusions from federal contracting and forces the Government to keep the case moving or justify a short extension. For contractors, it means a suspension is serious but not indefinite; for agencies, it means careful calendar control and coordination with prosecutors are essential. The section also creates a clear procedural checkpoint before the first 12 months expire so the Government can preserve the option to extend the suspension if prosecution is still being considered.
Key Rules
Suspension is temporary
A suspension is only a temporary measure pending completion of an investigation and any resulting legal proceedings. It may end sooner if the suspending and debarring official decides to terminate it or if the section’s time limits require termination.
Twelve-month termination rule
If legal proceedings are not initiated within 12 months after the suspension notice date, the suspension must be terminated. This is the default end point unless a responsible prosecuting official asks for an extension on the Government’s behalf.
Limited six-month extension
If a U.S. Assistant Attorney General, U.S. Attorney, or other responsible prosecuting official requests it, the suspension may be extended for one additional 6-month period. The extension is not automatic and depends on a Government-side request.
Eighteen-month absolute cap
A suspension may not continue beyond 18 months from the notice date unless legal proceedings have been initiated within that period. If proceedings begin in time, the suspension can continue while those proceedings are pending.
Advance notice to prosecutors
The suspending and debarring official must notify the Department of Justice or other responsible prosecuting official at least 30 days before the 12-month period ends. This notice gives the prosecutor time to decide whether to request an extension.
Responsibilities
Suspending and Debarring Official
Track the suspension timeline, determine whether to terminate the suspension when required, and send advance notice to the Department of Justice or other responsible prosecuting official at least 30 days before the 12-month deadline. The official must also act on any extension request and ensure the suspension does not exceed the regulatory time limits.
Department of Justice / Responsible Prosecuting Official
Review the case before the 12-month deadline and, if warranted, request an extension on the Government’s behalf. The prosecutor’s request is what allows the suspension to continue for up to an additional 6 months when legal proceedings have not yet begun.
Contractor
Monitor the suspension period and understand that the exclusion is temporary unless legal proceedings are initiated or the suspension is properly extended. The contractor should be prepared for the suspension to end automatically if the Government misses the deadline or fails to obtain a valid extension.
Agency
Coordinate internally and with prosecutors so the suspension record, deadlines, and case status are managed correctly. The agency must ensure the suspension is not allowed to lapse or continue beyond the regulatory maximum without a lawful basis.
Practical Implications
Agencies need a reliable tickler system because the 12-month deadline is hard and the 30-day notice requirement is easy to miss.
If prosecutors are not engaged early enough, the suspension may have to be lifted even if the underlying investigation is still active.
Contractors should not assume a suspension will last indefinitely; the Government must either start legal proceedings, obtain a short extension, or terminate the suspension.
The 18-month cap is a strict outer limit unless legal proceedings begin within that period, so timing of referrals and filings matters.
A missed deadline can create procurement risk for the agency and business disruption for the contractor, making documentation and coordination critical.
Official Regulatory Text
(a) Suspension shall be for a temporary period pending the completion of an investigation and any ensuing legal proceedings, unless sooner terminated by the suspending and debarring official or as provided in this section. (b) If legal proceedings are not initiated within 12 months after the date of the suspension notice, the suspension shall be terminated unless an office of a U.S. Assistant Attorney General, U.S. Attorney, or other responsible prosecuting official requests its extension, in which case it may be extended for an additional 6 months. In no event may a suspension extend beyond 18 months, unless legal proceedings have been initiated within that period. (c) The suspending and debarring official shall notify the Department of Justice or other responsible prosecuting official of the proposed termination of the suspension, at least 30 days before the 12-month period expires, to give that official an opportunity to request an extension on the Government's behalf.