[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: 48CFR309.407-3]



[Page 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. 309.407-3  Procedures.



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

suspension 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 suspending official. Contracting officers shall 

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

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

deems appropriate.

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

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

whether or not suspension should be imposed. A copy of this 

determination shall be promptly sent through appropriate channels to the 

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

suspending official determines to impose suspension, he/she shall, after 

consultation with the Office of the General Counsel, notify the 

contractor in accordance with FAR 9.407-3(c). If the action is not based 

on an indictment, and, subject to the provisions of FAR 9.407-3(b)(2), 

the contractor's submission in response to the notice raises a genuine 

dispute over facts material to the suspension, the suspending official 

shall, after suspension has been imposed, arrange for fact-finding 

hearings and take the necessary actions specified in FAR 9.407-3(b)(2).