[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR9.405]



[Page 162-163]

 

            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 determines that there is a 

compelling reason for such action (see 9.405-1(b), 9.405-2, 9.406-1(c), 

9.407-1(d), and 23.506(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 in the EPLS 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).



[[Page 163]]



    (d)(1) After the opening of bids or receipt of proposals, the 

contracting officer shall review the EPLS.

    (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 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 

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 EPLS 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; 68 FR 69251, Dec. 11, 

2003; 69 FR 76349, Dec. 20, 2004]