D. Compelling Reason

Comment: One respondent believes that the Councils should provide a clarification of the term "compelling reason" as it appears in FAR 9.405-2(b) and 52.209-6(b). FAR 9.405-2(b) and the clause at 52.209-6(b) state that contractors shall not enter into subcontracts in excess of $30,000, other than a subcontract for a COTS item, with a contractor that has been debarred, suspended, or proposed for debarment, unless there is a compelling reason to do so.

Response: The Councils believe this request is outside the scope of this case. The term "compelling reason" was not instituted with the current FAR case, which simply removed applicability to COTS items and extended flowdown of the requirement to lower-tier subcontracts.