FAR 9.405-1 Continuation of current contracts

Subsection Federal Acquisition Regulation

Facts

Citation
FAR 9.405-1
Type
Subsection
Last amended
90 FR 507 Effective Jan 17, 2025
Proposed changes
1
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.

Text

(a) Contractors debarred, suspended, proposed for debarment, or voluntarily excluded .

(1) Notwithstanding the debarment, suspension, proposed debarment, or voluntary exclusion, of a contractor, agencies may continue contracts or subcontracts in existence at the time the contractor was debarred, suspended, proposed for debarment, or voluntarily excluded, unless the agency head directs otherwise. A decision as to the type of termination action, if any, to be taken should be made only after review by agency contracting and technical personnel and by counsel to ensure the propriety of the proposed action.

(2) For contractors debarred, suspended, proposed for debarment, or voluntarily excluded, unless the agency head makes a written determination of the compelling reasons for doing so, ordering activities shall not—

(i) Place orders exceeding the guaranteed minimum under indefinite quantity contracts;

(ii) Place orders under Federal Supply Schedule contracts, blanket purchase agreements, or basic ordering agreements; or

(iii) Add new work, exercise options, or otherwise extend the duration of current contracts or orders.

(b) Ineligible contractors. A covered agency, as defined in 9.110-1, shall terminate existing contracts and shall not place new orders or award new contracts with contractors that have been declared ineligible pursuant to 10 U.S.C. 983 (see 9.110), except for contracts at or below the simplified acquisition threshold or contracts for the acquisition of commercial products and commercial services.

Federal Register history

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 9, 27, and 47 91 FR 59584 · FAR Case 2026-011, Docket No. FAR-2026-0011, Sequence No. 1 Closed Oct 19, 2026No final rule found

Sections cited

  • FAR 9.110-1 Definitions
  • FAR 9.110 Reserve Officer Training Corps and military recruiting on campus

Quick answers

What is FAR 9.405-1?

FAR 9.405-1 is a subsection of the Federal Acquisition Regulation, titled "Continuation of current contracts".

When was FAR 9.405-1 last changed?

The most recent final rule on record is "Federal Acquisition Regulation: Improving Consistency Between Procurement and Nonprocurement Procedures on Suspension and Debarment" (90 FR 507), published Jan 3, 2025 and effective Jan 17, 2025.

Are changes to FAR 9.405-1 proposed?

One proposed change has no final rule yet.

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