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FAR and DFARS › DFARS Part 209: Contractor Qualifications › Subpart 209.4

DFARS 209.406-1 General.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains what can happen when the debarring official decides debarment is not necessary. The official may require the contractor to sign a written agreement that includes maintaining standards of conduct and internal control systems under FAR subpart 3.10, plus any other requirements the official finds appropriate. If there was an indictment or conviction for a felony, the official must first determine that the contractor has adequately addressed the misconduct and that ethics and integrity standards are in place and working.

Applies to: Contractors facing a debarment decision where the debarring official decides debarment is not necessary

What it requires

  • Establish, if not already established, and maintain the standards of conduct and internal control systems prescribed by FAR subpart 3.10
  • Meet any other requirements the debarring official considers appropriate
  • In cases of indictment or conviction for a felony, address adequately the circumstances that gave rise to the misconduct and have appropriate standards of ethics and integrity in place and working

Key terms: debarring official · debarment · standards of conduct · internal control systems · FAR subpart 3.10

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a)(i) When the debarring official decides that debarment is not necessary, the official may require the contractor to enter into a written agreement which includes—

(A) A requirement for the contractor to establish, if not already established, and to maintain the standards of conduct and internal control systems prescribed by FAR subpart 3.10; and

(B) Other requirements the debarring official considers appropriate.

(ii) Before the debarring official decides not to suspend or debar in the case of an indictment or conviction for a felony, the debarring official must determine that the contractor has addressed adequately the circumstances that gave rise to the misconduct, and that appropriate standards of ethics and integrity are in place and are working.

← 209.406 Debarment. · 209.406-2 Causes for debarment. →

Rule changes for DFARS Part 209

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 209.406-1 General · SpendQuery