AFARS -- Part 9
Contractor Qualifications
AAC 96-2
July 25, 1997
Subpart 9.2 -- Qualification Requirements
(a)
(1) The Army Standardization Executive is the Principal Deputy for Acquisition, Headquarters, U.S. Army Materiel Command.
Subpart 9.4 -- Debarment, Suspension, and Ineligibility
(d) See AR 27-40, Chapter 8, for the procedures for fraud remedies coordination. The Chief, Procurement Fraud Division, OTJAG, advises the ASA(RDA) on fraud matters. The advisor --
(i) Coordinates and monitors the Army's actions relating to fraud and criminal conduct by contractors, Army civilian or military personnel; and
(ii) Establishes and maintains records of contractors suspended by the Army.
(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.
9.404 -- Parties Excluded from Procurement Programs.
(c)
(5) HCAs shall establish required procedures within their contracting activities.
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, the contracting officer shall submit a request for a determination through contracting channels to the HCA. If the HCA concurs, the request and concurrence shall be submitted through the Chief, Procurement Fraud Division (see 1.290(b)(11)) 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.
9.405-2 -- Restrictions on subcontracting.
(a) See 9.405.
When the contracting officer becomes aware of a situation which requires investigation under FAR Subpart 9.4, the contracting officer shall contact the local Procurement Fraud Advisor (PFA). The local PFA must submit 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 shall provide information to the PFA for the Procurement Flash Report as required.
(a) Investigation and referral.
(i) Reports required by DFARS 209.406-3 are exempt from reports control under AR 335-15.
(a) 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.
(b) The contracting officer's reports will be reviewed by the PFA to determine their completeness and compliance with DFARS 209.406-3(a)(ii).
(ii) The report shall also include credit and financial information, such as Dunn and Bradstreet reports, on the contractor.
(i) 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. But 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 PFD as follows: Forward the original and one copy through contracting channels to the PFD, and send the second copy directly to the PFD.
Follow procedures at 9.406-3.