[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR23.506]

[Page 456]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 23_ ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY 
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE--Table of Contents
 
                    Subpart 23.5_Drug-Free Workplace
 
Sec.  23.506  Suspension of payments, termination of contract, and debarment 
and suspension actions.

    (a) After determining in writing that adequate evidence to suspect 
any of the causes at paragraph (d) of this section exists, the 
contracting officer may suspend contract payments in accordance with the 
procedures at 32.503-6(a)(1).
    (b) After determining in writing that any of the causes at paragraph 
(d) of this section exists, the contracting officer may terminate the 
contract for default.
    (c) Upon initiating action under paragraph (a) or (b) of this 
section, the contracting officer shall refer the case to the agency 
suspension and debarment official, in accordance with agency procedures, 
pursuant to subpart 9.4.
    (d) The specific causes for suspension of contract payments, 
termination of a contract for default, or suspension and debarment are--
    (1) The contractor has failed to comply with the requirements of the 
clause at 52.223-6, Drug-Free Workplace; or
    (2) The number of contractor employees convicted of violations of 
criminal drug statutes occurring in the workplace indicates that the 
contractor has failed to make a good faith effort to provide a drug-free 
workplace.
    (e) A determination under this section to suspend contract payments, 
terminate a contract for default, or debar or suspend a contractor may 
be waived by the agency head for a particular contract, in accordance 
with agency procedures, only if such waiver is necessary to prevent a 
severe disruption of the agency operation to the detriment of the 
Federal Government or the general public (see subpart 9.4). The waiver 
authority of the agency head cannot be delegated.

[54 FR 4968, Jan. 31, 1989, as amended at 55 FR 21708, May 25, 1990; 61 
FR 69292, Dec. 31, 1996]