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Interagency Suspension and Debarment Committee (ISDC)

 

Compelling Reasons Determinations

  

The General Services Administration (GSA), as a member of the Interagency Suspension and Debarment Committee (ISDC),  posts the notices described below pursuant to 10 U.S.C. § 2393  

 

The Department of Defense (DoD) Compelling Reasons Determinations

Under the debarment regulation at 48 C.F.R. § 9.405, new awards shall not be made to a suspended, proposed for debarment, debarred, or otherwise award ineligible contractor unless the agency head or designee determines in writing  that  a compelling reason exists requiring the award.  As required by 10 U.S.C. § 2393 (cited below), Secretaries of military departments shall provide GSA with a notice describing the Compelling Reason Determination issued pursuant to 48 C.F.R. § 9.405.  GSA is required to maintain each such action notice on a publicly accessible website. The notices contained herein, meet the requirement for GSA to make such notices publicly accessible.

NOTE: This requirement does not apply to Civilian agencies.

NOTE: In accordance with GSA's record retention rule for publicly posted documents, Compelling Reasons Determinations will not be posted more than three years from the end of the calendar year in which the exclusion actions associated with the Compelling Reasons Determinations have been terminated.

 

10 U.S.C. § 2393 - Prohibition against doing business with certain offerors or contractors

(a)(1) Except as provided in paragraph (2), the Secretary of a military department may not solicit an offer from, award a contract to, extend an existing contract with, or, when approval by the Secretary of the award of a subcontract is required, approve the award of a subcontract to, an offeror or contractor which to the Secretary’s knowledge has been debarred or suspended by another Federal agency unless—

      (A) in the case of debarment, the debarment of the offeror or contractor by all other agencies has been terminated or the period of time specified for such debarment has expired; and

      (B) in the case of a suspension, the period of time specified by all other agencies for the  suspension of the offeror or contractor has expired.

   (2) Paragraph (1) does not apply in any case in which the Secretary concerned determines that there is a compelling reason to solicit an offer from, award a contract to, extend a contract with, or approve a subcontract with such offeror or contractor.

(b) Whenever the Secretary concerned makes a determination described in subsection (a)(2), he shall, at the time of the determination, transmit a notice to the Administrator of General Services describing the determination. The Administrator of General Services shall maintain each such notice on a publicly accessible website to themaximum extent practicable.

 

Army Compelling Reasons Determination Sep 2003 (1).pdf
Army Compelling Reasons Determination Sep 2003 (2).pdf
Army Compelling Reasons Determination Jan 2004.pdf
Army Compelling Reasons Determination Mar 2004.pdf
Army Compelling Reasons Determination Jul 2007.pdf
Army Compelling Reasons Determination Nov 2007.pdf
Army Compelling Reasons Determination Apr 2008.pdf
Army Compelling Reasons Determination Dec 2009 (1).pdf
Army Compelling Reasons Determination Dec 2009 (2).pdf
Army Compelling Reasons Determination Dec 2009 (3).pdf
Army Compelling Reasons Determination Dec 2009 (4).pdf
Army Compelling Reasons Determination Dec 2009 (5).pdf
Army Compelling Reasons Determination Dec 2009 (6).pdf
Army Compelling Reasons Determination May 2010.pdf
Army Compelling Reasons Determination June 2015 (1).pdf
Army Compelling Reasons Determination June 2015 (2).pdf
Army Compelling Reasons Determination June 2015 (3).pdf
Army Compelling Reasons Determination June 2018.pdf
Defense Logistics Agency Compelling Reasons Determination Nov 2009 (1).pdf
Defense Logistics Agency Compelling Reasons Determination Nov 2009 (2).pdf
Defense Logistics Agency Compelling Reasons Determination Jan 2010.pdf
Defense Logistics Agency Compelling Reasons Determination Apr 2010.pdf
Defense Logistics Agency Compelling Reasons Determination Mar 2010.pdf
Defense Logistics Agency Compelling Reasons Determination May 2010.pdf
Defense Logistics Agency Compelling Reasons Determination June 2010.pdf
Defense Logistics Agency Compelling Reasons Determination Nov 2010.pdf
Defense Logistics Agency Compelling Reasons Determination Dec 2014.pdf