Debarment

Any individual convicted after September 29, 1988, of fraud or any other felony arising out of a contract with DOD [as these terms are defined by DOD, pursuant to Defense FAR Supplement (DFARS) Part 217.500, Subpart 203.570–2] shall be prohibited from the following activities:

• Working in a management or supervisory capacity on any defense contract or any first-tier subcontract of a defense contract.

• Serving on the board of directors of any defense contractor or any subcontractor awarded a contract directly by a defense contractor.

• Serving as a consultant, agent, or representative to any defense contractor or any subcontractor awarded a contract directly by a defense contractor.

• Serving in any capacity with the authority to influence, advise, or control the decisions of any defense contractor or subcontractor with regard to any DOD contract or first-tier subcontract.

This restriction does not apply to the following:

• A contract, as specified above, that is not greater than the simplified acquisition threshold.

• A contract, as specified above, that is for the acquisition of commercial items.

• A subcontract that is under a contract as specified above.

DOD has sole responsibility for determining the period of prohibition as described above. The prohibition period:

• Shall not be less than 5 years from the date of conviction unless the agency head or a designee grants a waiver in the interest of national security.

• May be more than 5 years from the date of conviction if the agency head or a designee makes a written determination of the need for the longer period. The agency shall provide a copy of the determination to the Bureau of Justice Assistance.