Excluded parties
Started by general_correspondence · Apr 14, 2022 · 2 replies
- gOriginal post
general_correspondence
Apr 14, 2022 · 4y ago
Prime contractors have the responsibility to ensure not to, or document debarred and excluded subcontractors. The central contractor registry, ORCA, EPLS, etc...are defunct or consolidated down into SAM.gov. Subcontractors are not required to register in SAMS. I believe all this to be fact.
Does this mean the Prime is relying on self certification from the subcontractor on debarment ?
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C Culham
Apr 15, 2022 · 4y ago
I would suggest a prime not just rely on self certification. Why? In SAM "exclusion" listing is separate from "registration". I experimented with SAM and believe my comment to be true. Try it yourself. Search SAM on "RDIF Company". It appears they are on the exclusion list and not registered.
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Neil Roberts
Apr 16, 2022 · 4y ago · edited 4y ago
9.409 Contract clause is as follows:
The contracting officer shall insert the clause at 52.209-6, Protecting the Government’s Interests when Sub_contracting_ with Contractors Debarred, Suspended, or Proposed for Debarment, in solicitations and contracts where the contract value exceeds $35,000.
52.209-6 is in part as follows:
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor , in writing , whether as of the time of award of the subcontract , the subcontractor , or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.
The procurement system for a prime contractor I worked for required all suppliers to register in SAM and monitored debarred, suspended or proposed for debarment information from SAM daily and where it matched up to a supplier in the system, a subcontract to be awarded would not generate. The system required every supplier be formally in the system. Also, a certification regarding debarred, suspended or proposed for debarment status was required as part of the solicitation.