Subpart 5109.4 -- Debarment, Suspension, and Ineligibility
AFARS -- Part 5109
Contractor Qualifications
Subpart 5109.4 -- Debarment, Suspension, and Ineligibility
(d) The Chief, Procurement Fraud Division, US Army Legal Services Agency processes and recommends debarment or suspension action to the debarring or suspension official
(1) The debarring officials for overseas installations are --
(A) Deputy Judge Advocate, U.S. Army Europe and Seventh Army;
(B) Staff Judge Advocate, U.S. Army South; and
(C) Staff Judge Advocate, U.S. Eighth Army.
5109.404 - List of parties Excluded from Federal Procurement and Nonprocurement Programs.
(c)
(5) HCAs must establish required procedures within their contracting activities.
5109.405 -- Effect of Listing.
(a) If a contracting officer believes that a compelling reason exists to do business with a contractor who has been debarred, suspended, or proposed for debarment, he/she must send a request for a determination to the HCA. If the HCA concurs, the request and concurrence will be sent through the Chief, Procurement Fraud Division (see 5101.290(b)(9)) to the debarring official for a determination. If the debarring official determines that there is compelling reason for such action, the debarring official shall provide written notice to the GSA.
When the contracting officer becomes aware of a situation that requires investigation under FAR Subpart 9.4, he/she must contact the local Procurement Fraud Advisor (PFA) who will send a Procurement Flash Report in accordance with paragraph 8-5 of AR 27-40 when there is a reasonable suspicion of procurement fraud or irregularity or the procuring agency refers the matter for investigation. The contracting officer must provide information to the PFA for the Procurement Flash Report as required.
(a) Investigation and referral.
(i) Contracting officer reports must be sent through the HCA or designee to the PFA for review. Prompt reporting is essential in all cases which could lead to suspension or debarment of a contractor or to judicial or administrative action against military personnel or civilian employees of the Army.
(ii) The report must include contractor credit and financial information, such as Dunn and Bradstreet reports. When the report recommends suspension or debarment because of contractor fraud or criminal conduct involving a current contract, withhold all funds which become due the contractor on that contract, unless the HCA or the debarring official directs otherwise. Follow the procedures in DFARS 232.173 when a contractor's request for advance, partial, or progress payments is based on fraud.
(iii) Distribute reports to the debarring official through the Procurement Fraud Division (PFD) as follows: Forward the original and one copy through contracting channels to the PFD, and send the second copy directly to the PFD.
(a) Investigation and referral.
Prepare and process reports in accordance with 5109.406-3.
5109.5 - Organizational and consultant conflicts.
Only the HCA can make determinations required by FAR 9.503.