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Title 48 Part 3409 → Subpart 3409.4

Title 48 → Chapter 34 → Subchapter B → Part 3409 → Subpart 3409.4

Electronic Code of Federal Regulations e-CFR

Title 48 Part 3409 → Subpart 3409.4

e-CFR data is current as of September 17, 2019

Title 48Chapter 34Subchapter BPart 3409 → Subpart 3409.4


Title 48: Federal Acquisition Regulations System
PART 3409—CONTRACTOR QUALIFICATIONS


Subpart 3409.4—Debarment, Suspension, and Ineligibility

3409.400   Scope of subpart.

This subpart implements FAR subpart 9.4 by detailing policies and procedures governing the debarment and suspension of organizations and individuals from participating in ED contracts and subcontracts.

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3409.401   Applicability.

This subpart applies to all procurement debarment and suspension actions initiated by ED. This subpart does not apply to nonprocurement debarment and suspension.

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3409.403   Definitions.

The SPE is designated as the “debarring official” and “suspending official” as defined in FAR 9.403 and is designated as the agency official authorized to make the decisions required in FAR 9.406 and FAR 9.407.

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3409.406   Debarment.

3409.406-3   Procedures.

(b) Decision making process.

(1) Contractors proposed for debarment may submit, in person, in writing, or through a representative, information and argument in opposition to the proposed debarment. The contractor must submit additional information within 30 days of receipt of the notice of proposal to debar, as described in FAR 9.406-3(c).

(2) In actions not based upon a conviction or civil judgment, if the contractor's submission in opposition raises a genuine dispute over facts material to the proposed debarment, the contractor may request a fact-finding conference. If the Debarring Official determines that there is a genuine dispute of material fact, the Debarring Official will conduct fact-finding and base the decision in accordance with FAR 9.406-3(b)(2) and (d)-(f).

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3409.407   Suspension.

3409.407-3   Procedures.

(b) Decision making process.

(1) Contractors suspended in accordance with FAR 9.407 may submit, in person, in writing, or through a representative, information and argument in opposition to the suspension. The contractor must submit this information and argument within 30 days of receipt of the notice of suspension, as described in FAR 9.407-3(c).

(2) In actions not based upon an indictment, if the contractor's submission in opposition raises a genuine dispute over facts material to the suspension and if no determination has been made, on the basis of Department of Justice advice, that substantial interests of the Government in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced, the contractor may request a fact-finding conference. The Suspending Official will conduct fact-finding and base the decision in accordance with FAR 9.407-3(b)(2) and (d) through (e).

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