Effective Date: 10/01/2026
HHSAR Text Baseline is 48 CFR Chapter 3 as of March 25, 2026.
Changes to baseline shown as [bolded, bracketed additions] and strikethrough deletions.
For HHSAR part 309, there are no associated part 352 provisions and clauses.
HHSAR PART 309 – CONTRACTOR QUALIFICATIONS [(RFO DEVIATION)]
[Subpart 309.1 – Responsible Prospective Contractors
309.104 Standards.
309.104-70 HHS special standards.]
Subpart 309.4 – Debarment, Suspension, and Ineligibility
309.403 Definitions.
309.404 [Exclusions in the] System for Award Management (SAM) exclusions.
309.405 Effect of listing (compelling reason determinations).
309.406 Debarment.
309.406-3 Procedures.
309.407 Suspension.
309.407-3 Procedures.309.470 Reporting of suspected causes for debarment or suspension or the taking of evasive actions.309.470-1 Situations where reports are required.
[Subpart 309.70 – HHS Compliance Requirement
309.7000 Policy.]
[Subpart 309.1 – Responsible Prospective Contractors
309.104 Standards.
309.104-70 HHS special standards.
When a procurement meets the definition of “mission-critical acquisition” as defined in 340.7001 and a supply chain risk assessment is required (see subpart 340.70), the offeror must meet special standards of responsibility which will be evaluated through the supply chain risk assessment. The contracting officer must ensure that these special standards are stated in the solicitation when applicable.]
Subpart 309.4 – Debarment, Suspension, and Ineligibility
309.403 Definitions.
The following definition applies to [As used in] this subpart:
The HHS Suspension and Debarment Official [(SDO)] is the Deputy Assistant Secretary (DAS) for the Office of Grants and Acquisition[s] [(OA)] Policy and Accountability (OGAPA).
309.404 [Exclusions in the] System for Award Management (SAM) exclusions.
(c) For actions made by HHS pursuant to FAR 9.406 and 9.407, t[T]he Office of Recipient Integrity Coordination shall[will] perform the actions required by FAR 9.404(c).
309.405 Effect of listing (compelling reason determinations).
(a) The head of the contracting activity (HCA) (non-delegable) may, with the written concurrence of the Suspension and Debarment Official [SDO], make the determinations referenced in FAR 9.405(a) regarding contracts.
(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 appropriate acquisition channels to the HCA. The documentation shall include the date by which approval is required and a compelling reason for the proposed action. Compelling reasons for award of a contract or consent to a subcontract with a debarred or suspended contractor include the following:
(i) Only the cited contractor can provide the property or services, and
(ii) The urgency of the requirement dictates that HHS conduct business with the cited contractor.
(2) If the HCA decides to approve the requested action, the HCA shall request the concurrence of the Suspension and Debarment Official and, if given, shall inform the contracting officer in writing of the determination within the required time period.
309.406 Debarment.
309.406-3 Procedures.
[(a)] Refer all matters appropriate for consideration [for debarment to the SDO] by an agency Suspension and Debarment Official as soon as practicable to the appropriate Suspension and Debarment Official identified in 309.403. Any person may refer a matter to the Suspension and Debarment Official [SDO].
309.407 Suspension.
309.407-3 Procedures.
[(a)] Refer all matters appropriate for consideration [for suspension to the SDO] by an agency Suspension and Debarment Official as soon as practicable to the appropriate Suspension and Debarment Official identified in 309.403. Any person may refer a matter to the Suspension and Debarment Official [SDO].
309.470 Reporting of suspected causes for debarment or suspension or the taking of evasive actions.
309.470-1 Situations where reports are required.
The contracting officer shall report to the HCA and the Associate Deputy Assistant Secretary—Acquisition whenever the contracting officer—
(a) Knows or suspects that a contractor is committing or has committed any of the acts described in FAR 9.406-2 or 9.407-2; or
(b) Suspects a contractor is attempting to evade the prohibitions of debarment or suspension imposed under FAR 9.405, or any other comparable regulation, by changes of address, multiple addresses, formation of new companies, or by other devices.
[Subpart 309.70 – HHS Compliance Requirement
309.7000 Policy.
Contractors must comply with Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.]