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DIAR 1409


PART 1409 -- CONTRACTOR QUALIFICATIONS


PART 1409 -- CONTRACTOR QUALIFICATIONS

SUBPART 1409.2 -- QUALIFICATIONS REQUIREMENTS

1409.202 Policy

(a)(1) The HCA is the official responsible for establishing the qualification requirement in FAR 9.202(a)(1). This authority is not redelegable.

(e) The HCA is the approval official referenced in FAR 9.202(e).

SUBPART 1409.4 -- DEBARMENT, SUSPENSION, AND INELIGIBILITY

1409.404 Parties Excluded from Procurement Programs

(c) PAM is responsible for accomplishing the actions required in FAR9.404(c).

(5) Each contracting activity shall be responsible for dissemination of the Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs to its contracting offices.

1409.405 Effect of listing

(a) When a bureau determines that a compelling reason exists to conduct business with a contractor that is included on the Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs, a request for determination shall be submitted by the HCA to the Director, PAM for approval.

1409.405-1 Continuation of current contracts

The HCA, without authority to redelegate is authorized to take the actions listed in FAR 9.405-1.

1409.406 Debarment

1409.406-1 General

(a) The Director, PAM is the debarring official for the Department and is authorized to debar a contractor for any of the causes in FAR 9.406-2, using the procedures in 1409.406-3.

(c) The Director, PAM is authorized to make the statement regarding debarment by another agency debarring official under the conditions in FAR 9.406-1(c).

1409.406-3 Procedures

(a) Investigation and referral. Whenever a cause for debarment,as listed in FAR 9.406-2, becomes known to a Department employee, the matter shall be referred to the HCA involved. The HCA shall consult with the SOL and the OIG, as appropriate, and submit a formal recommendation which documents the cause for debarment to the debarring official.

(b) Decision making process. For actions listed under FAR 9.406-3(b)(2), the Director, OHA shall allow the contractor an opportunity to appear at a hearing as required by FAR 9.406-3(b)(2)(i). The hearing shall be conducted by Administrative Law Judges appointed by the Director, OHA, or designee, and shall be conducted in accordance with procedures to be developed by the Director, OHA.

(c) Notice of proposal to debar. Based upon review of the recommendation to debar and consultation with the SOL and OIG, as appropriate, the debarring official shall initiate proposed debarment by taking the actions listed in FAR 9.406-3(c) and advising the contractor of the Department's rules under this Subpart 1409.4.

1409.407 Suspension

1409.407-1 General

(a) The Director, PAM is the suspending official for the Department and is authorized to suspend a contractor for any of the causes in FAR 9.407-2, using the procedures in 1409.407-3.

(d) The Director, PAM is authorized to make the determination in FAR 9.407-1(d).

1409.407-3 Procedures

(a) Investigation and referral. Whenever a cause for suspension,as listed in FAR 9.407-2, becomes known to a Department employee, the matter shall be referred to the HCA involved. The HCA shall consult with the SOL and the OIG, as appropriate, and submit a formal recommendation which documents the cause for suspension to the suspending official.

(b) Decisionmaking process. For actions listed under FAR 9.407-3(b)(2), the Director, OHA shall afford the contractorthe opportunity to appear at a hearing as required by FAR 9.407-3(b)(2)(i). The hearing shall be conducted by Administrative Law Judges appointed by the Director, OHA, or designee, and shall be conducted in accordance with procedures to be developed by the Director, OHA.

SUBPART 1409.5 -- ORGANIZATIONAL AND CONSULTANT CONFLICTSOF INTEREST

1409.503 Waiver

(a) The Director, PAM, is authorized to waive any general rule or procedure in FAR Subpart 9.5 when such action is in the Government's interest.

(b) Request for waivers shall be made by the HCA, through the appropriate SOL, to the Director, PAM. Each request shall include-

1409.506 Procedures

(b) Approval to proceed despite a potential organizational conflict of interest shall be made by the HCA, without power of redelegation. Referrals to the HCA shall be initiated by the CO and reviewed by the SOL. Documentation must include both the CO's decision and the position of the prospective contractor.

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