SUBPART 5209.4--DEBARMENT, SUSPENSION AND INELIGIBILITY
5209.405 (DFARS 209.405) Effect of listing.
(a) ASN(RD&A) will make the required determination that there is a compelling reason. Submit requests for an ASN (RD&A) determination to DASN(ACQ) with justification for the proposed consent action. DASN(ACQ) will provide written notification of the determination to the General Services Administration.
5209.405-2 (DFARS 209.405-2) Restrictions on subcontracting.
(b) Immediately upon receipt, the contracting officer shall provide DASN(ACQ) with an informational copy of the written notification received from the contractor.
5209.406-3 (DFARS 209.406-3) Procedures.
(a) Investigation and referral.
(i) All matters shall be referred to Counsel (PIO). In cases involving indictments, forward reports within fifteen calendar days after the indictment is filed.
(ii) Reports shall include the following information to the extent practicable:
(G) The summary shall also include comments regarding the U.S. Attorney's position on release of any investigative reports included in the report.
(J)(4) Signed and dated copies of indictments, judgments, plea agreements, or search warrants, in advance of certified copies of such documents, if certified copies are not readily available.
(6) (S-90) Copies of DD350 reports for the previous two fiscal years.
(S-91) A copy of a current Dun and Bradstreet report on the contractor and any subsidiaries or divisions, along with a recommendation for debarment or suspension action in the case of each subsidiary division and the officers thereof.
(S-92) Current mailing addresses of individuals involved in the case, along with a recommendation for debarment or suspension action for each individual.
(S-93) If Government employees are involved in the wrongdoing, the names and current addresses of the employees, disciplinary action taken and the current employment status of each individual. If no disciplinary action was taken against Government employees involved in the wrongdoing, and the contractor or contractor personnel are recommended for debarment or suspension, a statement explaining why no disciplinary action was taken, and why debarment or suspension is appropriate under the circumstances.
5209.407-3 (DFARS 209.407-3) Procedures.
(a) Investigation and referral. Prepare and process reports in accordance with 5209.406-3.
SUBPART 5209.5--ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST
The HCA is the agency head’s designee, without power of redesignation, for making the determinations required by FAR 9.503.