[Code of Federal Regulations]
[Title 48, Volume 6]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR2009.406-3]

[Page 362-363]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 20--NUCLEAR REGULATORY COMMISSION
 
Sec. 2009.406-3  Procedures.

    (a) Investigation and referral. (1) When a contracting officer 
becomes aware of possible irregularities or any information which may be 
sufficient cause for

[[Page 363]]

debarment, the contracting officer must first submit a complete 
statement of facts (including a copy of any criminal indictments, if 
applicable) and a recommendation for action to the Head of the 
Contracting Activity. If the contracting officer's statement of facts 
indicates misconduct on the part of the contractor in regard to an NRC 
contract, the Head of the Contracting Activity will refer the matter of 
misconduct to the Inspector General to determine if an investigation is 
required prior to referring the case to the debarring official.
    (2) To the extent the Head of the Contracting Activity believes that 
sufficient grounds for debarment exist, independent of any pending 
investigation by the Inspector General, the Head of the Contracting 
Activity shall immediately forward the case, without reference to any 
pending investigation, and a recommendation for action to the Senior 
Procurement Executive for review. In such circumstances, the Head of the 
Contracting Activity will take no additional action in regard to a 
specific matter of misconduct referred to the Inspector General prior to 
consulting with the Inspector General.
    (b) Decision-making process. If, after reviewing the recommendations 
and consulting with the Office of the General Counsel and, if 
appropriate, the Office of the Inspector General, 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 
Head of the Contracting Activity of the action taken. If the contractor 
fails to submit a timely written response within 30 days after receipt 
of the notice in accordance with FAR 9.406-3(c)(4), the debarring 
official may notify the contractor in accordance with FAR 9.406-3(d) 
that the contractor is debarred.
    (c) Fact-finding proceedings. 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 and no later than 30 days after 
the contractor received the notice, 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 must 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.