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.