[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 48CFR809.406-3]



[Page 164]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS

 

PART 809_CONTRACTOR QUALIFICATIONS--Table of Contents

 

         Subpart 809.4_Debarment, Suspension, and Ineligibility

 

Sec. 809.406-3  Procedures.



    (a) The Deputy Assistant Secretary for Acquisition and Materiel 

Management shall, upon a receipt of a recommendation for debarment, 

appoint a designee to conduct an investigation, initiate debarment and 

present the facts to the debarring official for consideration and 

action.

    (b) The appointed designee shall issue the proposed debarment notice 

as required by FAR 9.406-3(c).

    (1) If no reply is received from the firm or individual to the 

notice of proposed debarment, the case will be referred to the debarring 

official for decision on the basis of information available.

    (2) When a reply is received, the information provided will be 

considered by the appointed designee prior to making a recommendation to 

the debarring official. If the contractor's submission in opposition to 

the debarment raises a genuine dispute over facts material to the 

proposed debarment, the designee appointed by the Deputy Assistant 

Secretary for Acquisition and Materiel Management will conduct a fact-

finding as prescribed by FAR 9.406-3(b)(2).

    (3) Upon completion of the fact-finding with respect to disputed 

facts, a written findings of facts will be provided to the debarring 

official.

    (4) The debarring official shall make a decision on the basis of all 

information available including findings of facts, and/or arguments 

submitted by the contractor.



[49 FR 12594, Mar. 29, 1984, as amended at 50 FR 791, Jan. 7, 1985]