[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 48CFR309.405]



[Page 27]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 309_CONTRACTOR QUALIFICATIONS--Table of Contents

 

         Subpart 309.4_Debarment, Suspension, and Ineligibility

 

Sec. 309.405  Effect of listing.



    (a) The head of the contracting activity (HCA) (not delegable) may, 

with the written concurrence of the debarring or suspending official, 

make the determinations referenced in FAR 9.405(a), regarding contracts 

for their respective activities.

    (1) If a contracting officer considers it necessary to award a 

contract, or consent to a subcontract with a debarred or suspended 

contractor, the contracting officer shall prepare a determination, 

including all pertinent documentation, and submit it through acquisition 

channels to the head of the contracting activity. The documentation must 

include the date by which approval is required and a compelling reason 

for the proposed action. Some examples of circumstances that may 

constitute a compelling reason for the award to, or consent to a 

subcontract with, a debarred or suspended contractor include:

    (i) The property or services to be acquired are available only from 

the listed contractor;

    (ii) The urgency of the requirement dictates that the Department 

deal with the listed contractor; or

    (iii) There are other compelling reasons which require business 

dealings with the listed contractor.

    (2) If the HCA decides to approve the requested action, he/she shall 

request the concurrence of the debarring or suspending official and, if 

given, shall inform the contracting officer in writing of the decision 

within the required time period.