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FAR and DFARS › FAR Part 9: Contractor Qualifications › Subpart 9.4

FAR 9.406-5 Scope of debarment.

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 when serious misconduct by an individual or a contractor can be imputed to others, potentially leading to debarment. It matters because a contractor may be held responsible for the actions of its officers, directors, employees, or joint venture partners, and acceptance of benefits from that misconduct can be used as evidence of knowledge or approval.

Applies to: Contractors and individuals associated with them, including joint ventures

Key terms: debarment · imputed · joint venture · knowledge, approval, or acquiescence · acceptance of benefits

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

The text

(a) The fraudulent, criminal, or other seriously improper conduct of any officer, director, shareholder, partner, employee, or other individual associated with a contractor may be imputed to the contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the contractor, or with the contractor's knowledge, approval, or acquiescence. The contractor's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.

(b) The fraudulent, criminal, or other seriously improper conduct of a contractor may be imputed to any officer, director, shareholder, partner, employee, or other individual associated with the contractor who participated in, knew of, or had reason to know of the contractor's conduct.

(c) The fraudulent, criminal, or other seriously improper conduct of one contractor participating in a joint venture or similar arrangement may be imputed to other participating contractors if the conduct occurred for or on behalf of the joint venture or similar arrangement, or with the knowledge, approval, or acquiescence of these contractors. Acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.

Sections that refer to it

← 9.406-4 Period of debarment. · 9.407 Suspension. →

Rule changes for FAR Part 9

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

FAR 9.406-5 Scope of debarment · SpendQuery