48 CFR 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 SAM Exclusions 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).
(1) After the opening of bids or receipt of proposals, the contracting officer shall review the SAM Exclusions.
(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 SAM Exclusions to ensure that no award is made to a listed contractor.
Title 48 published on 2015-12-04
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 48 CFR Part 9 after this date.
- 48 CFR 309.405 — Effect of Listing (Compelling Reason Determinations).
- 48 CFR 809.405 — Effect of Listing.
- 48 CFR 409.405 — Effect of Listing.
- 48 CFR 9.104-4 — Subcontractor Responsibility.
- 48 CFR 2009.405 — Effect of Listing.
- 48 CFR 309.470-1 — Situations Where Reports Are Required.
- 48 CFR 609.405 — Effect of Listing.
- 48 CFR 9.400 — Scope of Subpart.
- 48 CFR 9.104-5 — Representation and Certifications Regarding Responsibility Matters.
- 48 CFR 2409.405 — Effect of Listing.
- 48 CFR 9.104-6 — Federal Awardee Performance and Integrity Information System.
- 48 CFR 1909.403 — Definitions.