Effective Date: 10/01/2026 (See HHSAR CD 2026-18)
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.
309.405 Effect of listing.
309.406 Debarment.
309.406-3 Procedures.
309.407 Suspension.
309.407-3 Procedures.
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.
As used in this subpart:
The HHS Suspension and Debarment Official (SDO) is the Deputy Assistant Secretary (DAS) for the Office of Acquisitions (OA).
309.404 Exclusions in the System for Award Management.
(c) The Office of Recipient Integrity Coordination will perform the actions required by FAR 9.404(c).
309.405 Effect of listing.
(a) The head of the contracting activity (HCA) (non-delegable) may, with the written concurrence of the SDO, make the determinations in FAR 9.405(a).
309.406 Debarment.
309.406-3 Procedures.
(a) Refer all matters appropriate for consideration for debarment to the SDO as soon as practicable. Any person may refer a matter to the SDO.
309.407 Suspension.
309.407-3 Procedures.
(a) Refer all matters appropriate for consideration for suspension to the SDO as soon as practicable. Any person may refer a matter to the SDO.
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.