PART 5209 CONTRACTOR QUALIFICATIONS
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.
(B) Submit waiver requests for Secretary of Defense (SECDEF) approval to
DASN(AP) via electronic mail address RDAJ&As@navy.mil. Properly identify in the subject line
“DFARS 209.104-1(g)(i)(A)—SECDEF Waiver Request.”
(C) Submit the information to DASN(AP) via electronic email address RDAPolicy@navy.mil. Properly identify in the subject line “DFARS 209.104-1(g)(i)(A)—OWNERSHIP/CONTROL NOTICE.”
(D) Submit waiver requests for Secretary of Defense approval to DASN(AP) via email
address RDAJ&As@navy.mil. Properly identify in the subject line “DFARS 209.104-1(g)(ii)(A) -
SECDEF Waiver Request.”
(ii) Ownership or control by a foreign government when access to proscribed information is required.
(C) Submit waiver requests for Undersecretary of Defense for Intelligence approval via
DASN(AP) electronic mail address RDAJ&As@navy.mil. Properly identify in the subject line
“DFARS 209.104-1(g)(ii) - Waiver Request/National Security Interest Determination.”
(D) Submit waiver requests for Secretary of Defense approval to DASN(AP) via electronic
mail address RDAJ&As@navy.mil. Properly identify in the subject line “DFARS 209.104-1(g)(ii)(A) - SECDEF Waiver Request.”
5209.104-6 Federal Awardee Performance and Integrity Information System.
(c)(2) After completing the Federal Awardee Performance and Integrity Information System (FAPIIS) review required in FAR 9.104-6 prior to contract award and determining the potential awardee was removed from the debarred or suspended list within the last two years, the contracting officer, if choosing to continue with contract award, must notify the HCA and the AGC(AI)). The AGC (AI) will provide additional available relevant information regarding the prospective awardee
to assist the HCA in making and supporting the decision to award. The HCA shall approve the contract award.
SUBPART 5209.4—DEBARMENT, SUSPENSION AND INELIGIBILITY
5209.402 (DFARS 209.402) Policy.
(d) The AGC(AI) is the Department of the Navy’s Suspending and Debarring Official (SDO). Attorneys in the Acquisition Integrity Office have the responsibility for processing and recommending suspension or debarment action to the SDO.
5209.404 System for Award Management Exclusions (SAM).
(c) The Acquisition Integrity Office has the responsibility for entering data, updating, and
performing all other administrative functions regarding the SAM exclusions 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(AP) with justification for the proposed
consent action. DASN(AP) will provide written notification of the determination to the General
Services Administration.
(b)(ii) Submit requests for an agency head exception to DASN(AP) with justification that award to 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(AP) with an
informational copy of the written notification received from the contractor.
5209.406-3 (PGI 209.406-3) Procedures.
(i) Refer all matters to AGC(AI).
(ii)(D) DUNS reports should also be included for all known affiliates, subsidiaries, or parent firms.
(ii)(E)(2) Whether to apply limitations to the suspension or debarment, and provide a recommendation for debarment or suspension action in the case of any subsidiaries and the officers thereof.
(iii)(A) In cases involving indictments, forward reports within fifteen calendar days after the indictment is filed.
(iv) (S-90) Contracting officers shall report contractors who have poorly performed under a DON contract to the Department of the Navy (DON), Acquisition Integrity Office (AIO). When the contracting officer issues a show cause or cure notice, the cognizant contracting officer shall submit a copy of the issuance to the Department of the Navy (DON) Acquisition Integrity Office (AIO) within five (5) days via email at aio@navy.mil. Properly identify in the subject line "Poor Performance Referral."
(iv)(E) The summary shall also include comments regarding the U.S. Attorney’s positions on release of any investigative reports included in the report.
(S-90)(i) If Government employees are implicated in the underlying conduct that led to the referral, the names and current addresses of the employees, disciplinary action taken and the current employment status of each individual.
(ii) 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 against the Government employee (s), 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.
5209.570 (DFARS 209.570) Limitations on contractors acting as lead system integrators
(c)(2) Submit the required written determination for approval by the Secretary of
Defense/USD(AT&L) via DASN(AP) by email at RDAJ&As@navy.mil. Properly identify in the
subject line “D&F TO USE A CONTRACTOR TO PERFORM LEAD SYSTEM INTEGRATOR FUNCTIONS—DFARS 5209.570-2(c)(2).”