PGI 209.405: Effect of listing.

--- previous
+++ current
@@ -1,5 +1,10 @@
-(1) Environmental Protection Agency (EPA) responsibilities under Executive Order 11738, Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act With Respect to Federal Contracts, Grants, or Loans, have been delegated to the EPA Suspending and Debarring Official (EPA SDO).
-(i) Submit notifications and reports required by DFARS 209.405(b) to the EPA SDO at the following address: Office of Grants and Debarments U.S. Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Avenue NW Washington, DC 20640 Telephone: 202-564-5399
-(ii) Unless agency procedures specify otherwise, coordinate submissions to the EPA SDO through the applicable agency suspending and debarring official.
-(2) Executive Order 11738 is available at http://www.epa.gov/isdc/eo11738.htm.
-(3) Contracting officers are required to review the System for Award Management (SAM) Exclusions twice, once after opening of bids/receipt of proposals (FAR 9.405(d)(1)) and again immediately prior to award (FAR 9.405(d)(4)). The contracting officer shall document the contract file for both searches; the documentation may include a copy of the SAM Exclusions search results.+(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 (GSA), GSA Suspension and Debarment Official, Office of Acquisition Policy, 1275 First Street, N.E., Washington, DC 20417. 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 Exclusions section of the System for Award Management (SAM Exclusions) identifies contractor facilities where no part of a contract or subcontract may be performed 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 Section 8 of Executive Order 11738, the agency head may grant an exemption permitting award to a contractor using a Code "H" ineligible facility if the agency head determines that such an exemption is in the paramount interest of the United States. (A) The agency head may delegate this exemption 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 exemption--
+
+(1) Shall promptly notify the Environmental Protection Agency suspending and debarring official of the exemption and the corresponding justification; and
+
+(2) May grant a class exemption only after consulting with the Environmental Protection Agency suspending and debarring official. (C) Exemptions shall be for a period not to exceed one year. The continuing necessity for each exemption shall be reviewed annually and, upon the making of a new determination, may be extended for periods not to exceed one year. (D) All exemptions must be reported annually to the Environmental Protection Agency suspending and debarring official. (E) See PGI 209.405 for additional procedures and information.