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  1. Home
  2. Grants & Contracts
  3. Contracts
  4. Contract Policies & Regulations
  5. HHS Acquisition Regulations (HHSAR)
  6. Part 309—Contractor Qualifications
  • HHS Acquisition Regulations
    • Part 301—HHS Acquisition Regulation System
    • Part 302—Definitions of Words and Terms
    • Part 303—Improper Business Practices and Personal Conflicts of Interest
    • Part 304—Administrative Matters
    • Part 305—Publicizing Contract Actions
    • Part 306—Competition Requirements
    • Part 307—Acquisition Planning
    • Part 308—Required Sources of Supplies and Services
    • Part 309—Contractor Qualifications
    • Part 310—Market Research
    • Part 311—Describing Agency Needs
    • Part 312—Acquisition of Commercial Items
    • Part 314—Sealed Bidding
    • Part 315—Contracting by Negotiation
    • Part 316—Types of Contracts
    • Part 317—Special Contracting Methods
    • Part 319—Small Business Programs
    • Part 322—Application of Labor Laws to Government Acquisitions
    • Part 323—Renewable Energy Technologies, Occupational Safety
    • Part 324—Protection of Privacy and Freedom of Information
    • Part 326—Other Socioeconomic Programs
    • Part 327—Patents, Data, and Copyrights
    • Part 330—Cost Accounting Standards
    • Part 331—Contract Cost Principles and Procedures
    • Part 332—Contract Financing
    • Part 333—Protests, Disputes, and Appeals
    • Part 334—Major System Acquisition
    • Part 335—Research and Development Contracting
    • Part 336—Construction and Architect-Engineer Contracts
    • Part 337—Service Contracting—General
    • Part 339—Acquisition of Information Technology
    • Part 342—Contract Administration
    • Part 352—Solicitation Provisions and Contract Clauses
    • Part 370—Special Programs Affecting Acquisition
    • Subpart 313.3—Simplified Acquisition Methods

Part 309—Contractor Qualifications

(SUBCHAPTER B—COMPETITION AND ACQUISITION PLANNING)

Sections:

  • Subpart 309.4—Debarment, Suspension, and Ineligibility
    • 309.403 Definitions.
    • 309.404 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.

Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2).


Subpart 309.4—Debarment, Suspension, and Ineligibility

309.403 Definitions.

The following definition applies to this subpart:

The HHS Suspension and Debarment Official is the Deputy Assistant Secretary (DAS) for the Office of Acquisition (OA).

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309.404 System for Award Management (SAM) exclusions.

(c) For actions made by HHS pursuant to FAR 9.406 and 9.407, the Office of Recipient Integrity Coordination shall perform the actions required by FAR 9.404(c).

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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, 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.

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309.406 Debarment.

309.406-3 Procedures.

Refer all matters appropriate for consideration 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.

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309.407 Suspension.

309.407-3 Procedures.

Refer all matters appropriate for consideration 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.

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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.


Other Sections of the HHSAR:

  • HHS Acquisition Regulations Table of Contents
  • Previous Part: Part 308 Required Sources of Supplies and Services
  • Next Part: Part 310 Market Research

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Content created by Assistant Secretary for Financial Resources (ASFR)
Content last reviewed December 6, 2019
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