FAR 9.407-5—Scope of suspension.
Plain-English Summary
FAR 9.407-5 explains the reach of a suspension action and ties it directly to the debarment scope rules in FAR 9.406-5. In practical terms, it tells agencies and contractors that a suspension is not a narrow, one-off restriction; it generally carries the same breadth as debarment, affecting the suspended party’s eligibility to receive federal contracts and covered subcontracts, and potentially extending to affiliates and related entities as permitted by the debarment-scope rules. The section also makes clear that the way suspension is imposed is different from debarment: agencies must use the suspension procedures in FAR 9.407-3, which are designed for the more urgent, temporary nature of suspension. This section matters because it links the substantive reach of the exclusion to the procedural safeguards and timing rules that govern how quickly an agency can act when immediate protection of the Government’s interests is needed. For contractors, it signals that a suspension can have broad business consequences even before a final debarment decision is made. For contracting officers and suspension officials, it is a reminder to apply the correct scope rules and the correct procedural path.
Key Rules
Same scope as debarment
A suspension reaches the same entities and transactions as debarment under FAR 9.406-5. That means the exclusion is not limited to the named party alone if the debarment-scope rules extend to affiliates or related interests.
Use suspension procedures
Although the scope matches debarment, the Government must impose suspension using the procedures in FAR 9.407-3. This reflects suspension’s temporary, urgent character and requires the agency to follow the specific notice and process rules for suspension rather than debarment.
Scope and procedure are separate
This section separates what is covered by the suspension from how the suspension is imposed. Agencies must apply the debarment-scope standard to determine reach, but they must rely on the suspension procedural framework to take action.
Responsibilities
Contracting Officer
Recognize that a suspension has the same exclusionary reach as debarment and ensure procurement actions comply with the suspension status. The contracting officer should coordinate with suspension/debarment officials when a suspended entity, affiliate, or related concern is involved.
Suspending Official / Agency
Determine the proper scope of the suspension by applying FAR 9.406-5 and impose the suspension using the procedures in FAR 9.407-3. The agency must ensure the action is properly documented, procedurally correct, and limited or extended only as authorized.
Contractor / Suspended Party
Understand that suspension may affect not only the named entity but also business opportunities within the scope allowed by debarment rules. The contractor should review affiliate relationships, respond through the suspension procedures, and take steps to mitigate business disruption.
Affiliates / Related Entities
Assess whether they are affected under the debarment-scope rules incorporated into suspension. If they are not independently excluded, they may need to show why they should not be treated as within the scope of the suspension.
Practical Implications
A suspension can have broad immediate effects, so contractors should not assume it is limited to one contract or one legal entity.
Agencies must avoid mixing up debarment and suspension procedures; using the wrong process can create due process and enforceability problems.
Because the scope mirrors debarment, affiliate and related-entity issues are often central and should be reviewed early.
Contracting officers should check exclusion status before award, modification, or subcontract consent actions to avoid improper dealings.
Suspension is temporary, but its practical business impact can be severe, so prompt coordination with counsel and suspension/debarment officials is important.
Official Regulatory Text
The scope of suspension shall be the same as that for debarment (see 9.406-5 ), except that the procedures of 9.407-3 shall be used in imposing suspension.