---
kind: "section"
citation: "48 C.F.R. § 809.406-270"
title: "48"
number: "809.406-270"
heading: "Additional causes for debarment."
url: "https://uscodex.org/cfr/48/809.406-270"
---

# §809.406-270. Additional causes for debarment.

- (a) **Discretionary causes.**
  - (1) In addition to the causes listed in FAR 9.406-2 (a) through (c), the SDO may debar contractors, based upon a preponderance of the evidence (as defined at FAR 2.101), for the Government's protection, for—
    - (i) Any deliberate violation of the limitation on subcontracting clause requirements for acquisitions under [subpart 819.70](/cfr/48/subpart819.70.md); or
    - (ii) **Failure to observe the material provisions of a voluntary exclusion or an administrative agreement.**
  - (2) The period of debarment shall be commensurate with the seriousness of the action.
- (b) **Statutory cause.**
  - (1) Pursuant to [38 U.S.C. 8127(g)](/usc/38/8127.md?p=g), Enforcement Penalties for Misrepresentation, the SDO shall debar, from contracting with VA, for a period of not less than five years, any business concern that has willfully and intentionally misrepresented the status of that concern as a small business concern owned and controlled by Veterans or as a small business concern owned and controlled by service-disabled Veterans.
  - (2) Debarment of a business concern pursuant to [38 U.S.C. 8127(g)](/usc/38/8127.md?p=g) shall include the debarment of all principals in the business concern. Debarment shall be for a period of not less than five years.
  - (3) “Willful and intentional” misrepresentations, for the purpose of debarment actions taken pursuant to [38 U.S.C. 8127(g)](/usc/38/8127.md?p=g), are defined as deliberate misrepresentations concerning the status of the concern as a small business concern owned and controlled by Veterans or as a small business concern owned and controlled by service-disabled Veterans as supported by the preponderance of evidence. Examples of a preponderance of evidence for deliberate misrepresentation of SDVOSB and/or VOSB status include but are not limited to: Criminal convictions, plea agreements, deferred prosecution agreements, Board of Contract Appeals decisions, and admissions of guilt.

## Notes

### Source

Source: 85 FR 60074, Sept. 24, 2020, unless otherwise noted.

### Authority

Authority: 38 U.S.C. 8127 and 8128; 40 U.S.C. 121(c); 41 U.S.C. 1702; and 48 CFR 1.301-1.304.

### Source

Source: 73 FR 2717, Jan. 15, 2008, unless otherwise noted.