[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: 48CFR409.407-3]



[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. 409.407-3  Procedures.



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

aware of possible irregularities or any information which may be 

sufficient cause for suspension, 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 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 it 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 

suspension is justified, the debarring official shall initiate the 

proposed suspension in accordance with FAR 9.407-3(c) and notify the HCA 

of the action taken.

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

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

informal hearing, similar in nature to the hearing for debarments as 

discussed in 409.406-3(c).