[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR9.405]

[Page 153-154]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 9_CONTRACTOR QUALIFICATIONS--Table of Contents
 
          Subpart 9.4_Debarment, Suspension, and Ineligibility
 
Sec.  9.405  Effect of listing.

    (a) Contractors debarred, suspended, or proposed for debarment are 
excluded from receiving contracts, and agencies shall not solicit offers 
from, award contracts to, or consent to subcontracts with these 
contractors, unless the agency head or a designee determines that there 
is a compelling reason for such action (see 9.405-2, 9.406-1(c), 9.407-
1(d), and 23.50(e)). Contractors debarred, suspended or proposed for 
debarment are also excluded from conducting business with the Government 
as agents or representatives of other contractors.
    (b) Contractors included on the List of Parties Excluded from 
Federal Procurement and Nonprocurement Programs as having been declared 
ineligible on the basis of statutory or other regulatory procedures are 
excluded from receiving contracts, and if applicable, subcontracts, 
under the conditions and for the period set forth in the statute or 
regulation. Agencies shall not solicit offers from, award contracts to, 
or consent to subcontracts with these contractors under those conditions 
and for that period.
    (c) Contractors debarred, suspended, or proposed for debarment are 
excluded from acting as individual sureties (see part 28).
    (d)(1) After the opening of bids or receipt of proposals, the 
contracting officer shall review the List of Parties Excluded from 
Federal Procurement and Nonprocurement Programs.
    (2) Bids received from any listed contractor in response to an 
invitation for bids shall be entered on the abstract of bids, and 
rejected unless the agency head or a designee determines in writing that 
there is a compelling reason to consider the bid.
    (3) Proposals, quotations, or offers received from any listed 
contractor shall not be evaluated for award or included in the 
competitive range, nor shall discussions be conducted with a listed 
offeror during a period of ineligibility, unless the agency head or a 
designee determines, in writing, that there is a compelling reason to do 
so. If the period of ineligibility expires or is terminated prior to 
award, the contracting officer may, but is not required to, consider 
such proposals, quotations, or offers.
    (4) Immediately prior to award, the contracting officer shall again 
review the List of Parties Excluded from Federal Procurement and 
Nonprocurement

[[Page 154]]

Programs to ensure that no award is made to a listed contractor.

[48 FR 42142, Sept. 19, 1983, as amended at 52 FR 9038, Mar. 20, 1987; 
54 FR 19814, May 8, 1989; 54 FR 48982, Nov. 28, 1989; 55 FR 21707, May 
25, 1990; 56 FR 29127, June 25, 1991; 59 FR 67033, Dec. 28, 1994; 60 FR 
33065, June 26, 1995; 65 FR 16286, Mar. 27, 2000]