[Code of Federal Regulations]

[Title 48, Volume 7]

[Revised as of October 1, 2005]

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

[CITE: 48CFR2909.406-3]



[Page 21-22]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                     CHAPTER 29--DEPARTMENT OF LABOR

 

PART 2909_CONTRACTOR QUALIFICATIONS--Table of Contents

 

         Subpart 2909.4_Debarment, Suspension, and Ineligibility

 

Sec. 2909.406-3  Procedures.



    (a) Investigation and referral. Whenever a DOL employee knows a 

cause for debarment, as listed in FAR 9.406-2, the appropriate HCA 

affected must be notified. The contracting officer must consult with the 

Office of the Solicitor and the Office of the Inspector General, as 

appropriate, and submit a formal recommendation documenting the cause 

for debarment to the Senior Procurement Executive.

    (b) Notice of proposal to debar. Based upon review of the 

recommendation to debar and consultation with the Office of the 

Solicitor and Office of the Inspector General, as appropriate, the 

Senior Procurement Executive must initiate proposed debarment by taking 

the actions listed in FAR 9.406-3(c) and advising the contractor of 

DOL's rules under 2909.4.

    (c) Fact-finding proceedings. For actions listed under FAR 9.406-

3(b)(2), the Senior Procurement Executive must afford the contractor the 

opportunity to appear at an informal fact-finding proceeding as required 

by FAR 9.406-3(b)(2)(i). The proceeding must be conducted by the Office 

of Administrative Law Judges and must be held at a date and location 

reasonably convenient to the parties concerned. Subject to the 

provisions of 29 CFR part 18, entitled ``Rules Of Practice And Procedure 

For Administrative Hearings Before The Office Of Administrative Law 

Judges'', the contractor and any specifically named affiliates, may be 

represented by counsel or any duly authorized representative. Either 

party may call witnesses. The proceedings must be conducted 

expeditiously and in such a manner that each party will have a full 

opportunity to present all information considered pertinent to the 

proposed debarment. A transcript of the proceedings must be made 

available to the contractor under the conditions in FAR 9.406-

3(b)(2)(ii).

    (d) Decision and notice. The Senior Procurement Executive shall make 

a decision on imposing debarment in accordance with the procedures in 

FAR 9.406-3(d), findings of fact of the Administrative Law Judge, and 

the conditions in FAR 9.406-4 and 9.406-5. Notice of the decision must 

be provided to the contractor and any affiliates involved



[[Page 22]]



in accordance with the procedures in FAR 9.406-3(e).