[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: 48CFR809.407-3]

[Page 170-171]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS
 
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 171]]

    (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.

           Subpart 809.5_Organizational Conflicts of Interest