[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: 48CFR2009.407-3]

[Page 363-364]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 20--NUCLEAR REGULATORY COMMISSION
 
Sec. 2009.407-3  Procedures.

    (a) Investigation and referral. (1) When a contracting officer 
becomes aware of possible irregularities or any information which may be 
sufficient cause for suspension, 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 suspension 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 suspending 
official determines suspension is justified, the suspending official 
shall initiate the proposed suspension in accordance with FAR 9.407-
3(b)(2). The contractor shall be given the opportunity to appear at an 
informal

[[Page 364]]

hearing, similar in nature to the hearing for debarments as discussed in 
FAR 9.406-3(b)(2). If the contractor fails to submit a timely written 
response within 30 days after receipt of the notice in accordance with 
FAR 9.407-3(c)(5), the suspending official may notify the contractor in 
accordance with FAR 9.407-3(d) that the contractor is suspended.