[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR23.506]



[Page 472]

 

            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]



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