[Code of Federal Regulations]
[Title 48, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR809.406-3]

[Page 170]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS
 
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]