---
kind: "section"
citation: "48 C.F.R. § 909.405"
title: "48"
number: "909.405"
heading: "Effect of listing."
url: "https://uscodex.org/cfr/48/909.405"
---

# §909.405. Effect of listing.

- (e) The Department of Energy may not solicit offers from, award contracts to or consent to subcontracts with contractors debarred, suspended, or proposed for debarment unless the Senior Procurement Executive makes a written determination justifying that there is a compelling reason for such action in accordance with [48 CFR 9.405(a)](/cfr/48/9.405.md?p=a). For NNSA, the Head of the Contracting Activity (HCA) makes the written determination justifying the compelling reason.
- (f) DOE or NNSA may disapprove or not consent to the selection (by a contractor) of an individual to serve as a principal investigator, as a project manager, in a position of responsibility for the administration of Federal funds, or in another key personnel position, if the individual is listed in the System for Award Management (SAM) exclusions.
- (g) DOE or NNSA shall not conduct business with an agent or representative of a contractor if the agent's or representative's name has an active exclusion in SAM.
- (h) DOE or NNSA shall review SAM before conducting a pre-award survey or soliciting proposals, awarding contracts, renewing or otherwise extending the duration of existing contracts, or approving or consenting to the award, extension, or renewal of subcontracts.

## Notes

### Amendments

[76 FR 7691, Feb. 11, 2011, as amended at 89 FR 89748, Nov. 13 2024]

### Source

Source: 61 FR 39857, July 31, 1996, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.

### Source

Source: 49 FR 11949, Mar. 28, 1984, unless otherwise noted.

### Amendments

[76 FR 7691, Feb. 11, 2011, as amended at 89 FR 89748, Nov. 13 2024]