FAR 9.409—Contract clause.
Plain-English Summary
FAR 9.409 is a very short but important prescription that tells contracting officers when to include a specific contract clause: FAR 52.209-6, Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. The section applies to solicitations and contracts whose value exceeds $45,000, and its purpose is to flow down protections so the Government is not unknowingly exposed to performance, integrity, or compliance risks through subcontracting relationships. In practice, this means the prime contractor must be put on notice that it has responsibilities related to screening certain subcontractors and protecting the Government’s interests when dealing with excluded or ineligible firms. The section is part of the broader suspension and debarment framework and works together with the clause text in 52.209-6, which contains the operational requirements. For contracting officers, the rule is a mandatory clause prescription, not a discretionary best practice, so omission can create compliance gaps. For contractors, it means subcontracting decisions may require exclusion checks and internal controls before award or consent actions are taken.
Key Rules
Insert required clause
The contracting officer must include FAR 52.209-6 in covered solicitations and contracts. This is a mandatory prescription, not optional, when the dollar threshold is met.
Applies above threshold
The clause is required only when the contract value exceeds $45,000. If the value does not exceed that amount, this specific prescription does not apply.
Covers solicitations and awards
The rule applies at both the solicitation stage and the contract stage. That means the clause should be present in the solicitation and carried into the resulting contract when applicable.
Protects against excluded subcontractors
The clause is intended to protect the Government’s interests when the prime may subcontract with debarred, suspended, proposed for debarment, or voluntarily excluded contractors. The detailed obligations are found in the clause itself.
Works with suspension and debarment rules
This section is part of the broader FAR system for preventing business with excluded parties. It ensures the contract includes the mechanism needed to implement those policies at the subcontract level.
Responsibilities
Contracting Officer
Insert FAR 52.209-6 in all solicitations and contracts whose value exceeds $45,000. Ensure the clause is included whenever the prescription applies so the contract contains the required protections.
Prime Contractor
Comply with the clause once incorporated into the contract, including following any subcontracting-related requirements in FAR 52.209-6. The contractor must manage subcontracting in a way that protects the Government’s interests.
Agency
Support consistent application of the suspension and debarment policy by ensuring contracting personnel use the required clause when applicable. Agencies should maintain acquisition controls and training so the prescription is not missed.
Practical Implications
This is a simple threshold-based clause prescription, so the main day-to-day task for contracting staff is checking contract value and inserting the clause whenever the threshold is exceeded.
A common pitfall is overlooking the clause in solicitations or task orders because the requirement is brief and easy to miss; missing it can leave the contract without the intended subcontracting protections.
Contractors should treat the clause as a signal to review subcontractor screening and internal compliance procedures, especially before awarding subcontracts.
Because the clause addresses excluded or ineligible firms, it is closely tied to responsibility and integrity risk management; poor subcontractor vetting can create performance, compliance, and reputational problems.
The operative details are not in FAR 9.409 itself but in FAR 52.209-6, so users should read the clause text to understand the actual contractor obligations and flowdown requirements.
Official Regulatory Text
The contracting officer shall insert the clause at 52.209-6 , Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded, in solicitations and contracts where the contract value exceeds $45,000.