52.209-6 Protecting the Government’s

Interest When Subcontracting with

Contractors Debarred, Suspended, or

Proposed for Debarment.

As prescribed in 9.409 , insert the following clause:

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended,

or Proposed for Debarment (Nov 2021)

(a) Definition.

Commercially available off-the-shelf (COTS) item, as used in this clause—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” in

Federal Acquisition Regulation (FAR)2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in

the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and

petroleum products.

(b) The Government suspends or debars Contractors to protect the Government’s interests. Other

than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into

any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract

award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive

agency unless there is a compelling reason to do so.

(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.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in

writing, before entering into a subcontract with a party (other than a subcontractor providing a

commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment

(see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice

must include the following:

(1) The name of the subcontractor.

(2) The Contractor’s knowledge of the reasons for the subcontractor being listed with an exclusion in
SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being

listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting

the Government's interests when dealing with such subcontractor in view of the specific basis for the

party’s debarment, suspension, or proposed debarment.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial

services, the Contractor shall include the requirements of this clause, including this paragraph (e)

(appropriately modified for the identification of the parties), in each subcontract that—

(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of clause)

Parent topic: 52.209 [Reserved]