SUBPART 5209.1—RESPONSIBLE PROSPECTIVE CONTRACTORS
5209.104-1 (DFARS 209.104-1) General standards.
(g)(i) Ownership or control by the government of a terrorist country.
(C) Submit the information to DASN(A&LM) via electronic email address RDAPolicy@navy.mil. Properly identify in the subject line “DFARS 209.104-1(g)(i)—OWNERSHIP/CONTROL NOTICE".
SUBPART 5209.4—DEBARMENT, SUSPENSION AND INELIGIBILITY
(d) The Assistant General Counsel (Acquisition Integrity) is the Department of the Navy’s Suspending and Debarring Official. Attorneys in the Acquisition Integrity Office have the responsibility for processing and recommending suspension or debarment action to the SDO.
5209.404 (FAR 9.404) Excluded Parties List System.
(c) The Acquisition Integrity Office has the responsibility for entering data, updating, and performing all other administrative functions regarding the EPLS for the DoN.
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(A&LM) with justification for the proposed consent action. DASN(A&LM) will provide written notification of the determination to the General Services Administration.
(b)(ii) Submit requests for an agency head exception to DASN(A&LM) with justification that award to a Code “H” ineligible contractor is in the paramount interest of the United States.
5209.405-2 (DFARS 209.405-2) Restrictions on subcontracting.
(b) Immediately upon receipt, the contracting officer shall provide DASN(A&LM) with an informational copy of the written notification received from the contractor.
5209.406-3 (PGI 209.406-3) Procedures.
(a) Refer all matters to Assistant General Counsel (Acquisition Integrity).
(a)(7) The summary shall also include comments regarding the U.S. Attorney’s positions on release of any investigative reports included in the report.
(a)(10)(iv) 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. In cases involving indictments, forward reports within fifteen calendar days after the indictment is filed.
(a)(10)(vi)(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.
Refer all matters to Assistant General Counsel (Acquisition Integrity). 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.