[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 48CFR309.406-3]



[Page 27-28]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 309_CONTRACTOR QUALIFICATIONS--Table of Contents

 

         Subpart 309.4_Debarment, Suspension, and Ineligibility

 

Sec. 309.406-3  Procedures.



    (a) Investigation and referral. Whenever an apparent cause for 

debarment becomes known to an initiating official, that person shall 

prepare a report incorporating the information required by 309.470-2, if 

known, and forward it through appropriate channels with a written 

recommendation, to the debarring official. Contracting officers shall 

forward their reports in accordance with 309.470-1. The debarring 

official shall initiate an investigation through such means as he/she 

deems appropriate.

    (b) Decisionmaking process. The debarring official shall review the 

results of the investigation, if any, and make a written determination 

whether or not debarment procedures are to be commenced. A copy of the 

determination



[[Page 28]]



shall be promptly sent through appropriate channels to the initiating 

official, and the contracting officer, if necessary. If the debarring 

official determines to commence debarment procedures, he/she shall, 

after consultation with the Office of the General Counsel, notify the 

contractor in accordance with FAR 9.406-3(c). If the proposed action is 

not based on a conviction or judgement and the contractor's submission 

in response to the notice raises a genuine dispute over facts material 

to the proposed debarment, the debarring official shall arrange for 

fact-finding hearings and take the necessary action specified in FAR 

9.406-3(b)(2). The debarring official shall also ensure that written 

findings of facts are prepared, and shall base the debarment decisions 

on the facts as found, after considering information and argument 

submitted by the contractor and any other information in the 

administrative record. The Office of the General Counsel shall represent 

the Department at any fact-finding hearing and may present witnesses for 

HHS and question any witnesses presented by the contractor.