[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: 48CFR409.406-3]



[Page 109]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 4--DEPARTMENT OF AGRICULTURE

 

PART 409_CONTRACTOR QUALIFICATIONS--Table of Contents

 

          Subpart 409.4_Debarment, Suspension and Ineligibility

 

Sec. 409.406-3  Procedures.



    (a) Investigation and referral. When a contracting officer becomes 

aware of possible irregularities or any information which may be 

sufficient cause for debarment, the case shall be immediately referred 

through the HCA to the debarring official. The case must be accompanied 

by a complete statement of the facts (including a copy of any criminal 

indictments, if applicable) along with a recommendation for action. 

Where the statement of facts indicates the irregularities to be possible 

criminal offenses, or for any other reason further investigation is 

considered necessary, the matter shall be referred to the HCA who should 

consult with the Office of Inspector General to determine if further 

investigation is required prior to referring to the debarring official.

    (b) Decision-making process. If, after reviewing the recommendations 

and consulting with the Office of Inspector General and Office of the 

General Counsel, as appropriate, the debarring official determines 

debarment is justified, the debarring official shall initiate the 

proposed debarment in accordance with FAR 9.406-3(c) and notify the HCA 

of the action taken.

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

3(b)(2), the contractor shall be given the opportunity to appear at an 

informal hearing. The hearing should be held at a location and time that 

is convenient to the parties concerned, if at all possible. The 

contractor and any specifically named affiliates may be represented by 

counsel or any duly authorized representative. Witnesses may be called 

by either party. The proceedings shall be conducted expeditiously and in 

such a manner that each party will have an opportunity to present all 

information considered pertinent to the proposed debarment. The 

contractor shall be provided a copy of a transcript of the proceedings 

under the conditions established in FAR 9.406-3(b)(2)(ii).