[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: 48CFR809.407-3]



[Page 164-165]

 

            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. 809.407-3  Procedures.



    (a) Suspension may be recommended by any Department of Veterans 

Affairs employee. These recommendations will be submitted to the Deputy 

Assistant Secretary for Acquisition and Materiel Management and must be 

supported by documentary evidence of a cause listed in FAR 9.407-2.

    (b) The Deputy Assistant Secretary for Acquisition and Materiel 

Management shall designate an official to initiate suspension, conduct 

an investigation and present the facts to the suspending official for 

consideration and appropriate action.

    (c) The designee shall issue the proposed suspension notice as 

required by FAR 9.407-3(c).

    (1) If no reply is received from the contractor to the notice of 

proposed suspension, the case will be referred to the suspending 

official for decision on the basis of information available.

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

considered by the official conducting the suspension proceedings prior 

to referring the case with recommendations to the suspending official. 

If the contractor's submission in opposition to the suspension raises a 

genuine dispute over facts material to the proposed suspension, the 

designee of the Deputy Assistant Secretary for Acquisition and Materiel 

Management will conduct a fact-finding as prescribed by FAR 9.407-

3(b)(2).

    (3) Upon completion of the informal hearing with respect to the 

disputed facts, a written findings of facts will be prepared and 

presented to the suspending official.



[[Page 165]]



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

all information available including findings of facts, and/or arguments 

submitted by the contractor.