48 C.F.R. 209.405 Effect of listing.
Title 48 - Federal Acquisition Regulations System
(a) Under 10 U.S.C. 2393(b), when a department or agency determines that a compelling reason exists for it to conduct business with a contractor that is debarred or suspended from procurement programs, it must provide written notice of the determination to the General Services Administration, Office of Acquisition Policy. Examples of compelling Reasons are— (i) Only a debarred or suspended contractor can provide the supplies or services; (ii) Urgency requires contracting with a debarred or suspended contractor; (iii) The contractor and a department or agency have an agreement covering the same events that resulted in the debarment or suspension and the agreement includes the department or agency decision not to debar or suspend the contractor; or (iv) The national defense requires continued business dealings with the debarred or suspended contractor. (b)(i) The Procurement Cause and Treatment Code “H” annotation in the GSA List of Parties Excluded from Federal Procurement and Nonprocurement Programs identifies contractors that are declared ineligible for award of a contract or subcontract because of a violation of the Clean Air Act (42 U.S.C. 7606) or the Clean Water Act (33 U.S.C. 1368). (ii) Under the authority of 40 CFR 32.215(b), the agency head may grant an exception permitting award to a Code “H” ineligible contractor if it is in the paramount interest of the United States. (A) The agency head may delegate this exception authority to a level no lower than a general or flag officer or a member of the Senior Executive Service. (B) The official granting the exception must provide written notice to the Environmental Protection Agency debarring official. [65 FR 52955, Aug. 31, 2000]
Title 48: Federal Acquisition Regulations System
PART 209—CONTRACTOR QUALIFICATIONS
Subpart 209.4—Debarment, Suspension, and Ineligibility
209.405 Effect of listing.
