[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: 48CFR2909.407-1]



[Page 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. 2909.407-1  General.



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

cause for suspension, as listed in FAR 9.407-2, the appropriate HCA 

affected must be notified. The HCA 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 suspension, to 

the Senior Procurement Executive.

    (b) Notice of suspension. Based upon review of the recommendation to 

suspend and consultation with the Office of the Solicitor and the Office 

of the Inspector General, as required, the Senior Procurement Executive 

will initiate suspension by taking the actions listed in FAR 9.407-3(c) 

and advising the contractor of DOL's rules under this subpart.

    (c) Fact-finding proceedings. For actions listed under FAR 9.407-

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

opportunity to appear at informal proceedings, as required by FAR 9.407-

3(b)(2)(i). 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 suspension.

    (d) Suspension decisions. The Senior Procurement Executive must make 

a final decision on suspension as prescribed in FAR 9.407-3(d). Notice 

of the decision must be provided to the contractor and any affiliates 

involved, in accordance with the provisions in FAR 9.407-3(d)(4).