FAR 52.209-6 — Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

This clause requires you to check SAM's exclusion list before entering into subcontracts, and to obtain a certification or otherwise verify that a prospective subcontractor is not excluded from federal awards.

Clause: FAR 52.209-6
Applies to: Contracts over $35,000
Flows down to subs: Yes
Primary risk: Ineligible subcontractor liability

Key takeaways

Read the clause as incorporated in your contract — tailoring and alternates change obligations.
Flowdown obligations are your responsibility; a noncompliant subcontractor is your problem.
Document compliance contemporaneously; after-the-fact reconstruction rarely satisfies auditors.
When a clause is unclear, ask the contracting officer in writing before award, not after.

What the clause requires

You may not knowingly enter into a subcontract over $35,000 with a party that is debarred, suspended, or proposed for debarment unless there is a compelling reason and the contracting officer approves. You must notify the contracting officer if you later learn a subcontractor is excluded.

How to comply in practice

Screen every subcontractor and key supplier against SAM's exclusions search before signing, and repeat the check periodically for multi-year subcontracts since status can change after award.

Common mistakes

Firms check SAM once at teaming and never again, missing a mid-performance exclusion. A quarterly re-check of active subcontractors closes that gap at minimal cost.