(a) The SPE is the agency head for purposes of suspension and debarment under FAR subpart 9.4, and serves as the Suspension and Debarment Official (SDO) for both procurement and non-procurement matters.
(b) Contracting activities shall consider recommending suspension or debarment of a contractor when cause is shown as listed under FAR 9.406-2 and 9.407-2.
(1) If a determination is made that available facts do not justify debarment or suspension, the file should be documented accordingly and no additional action is required.
(2) If the decision is made to recommend suspension or debarment of a contractor, in coordination with the activity's BPC and legal counsel, the bureau shall submit a memorandum to the SDO containing all relevant facts and analysis on which the recommendation is based. The submission also should include copies of all relevant documents.
(a) The SDO shall ensure the discharge of all agency responsibilities prescribed in FAR 9.404(c)(1) through (6), (8), and (9).
(b) The authority to establish procedures prescribed in FAR 9.404(c)(7) is delegated to the HCA, or designee.
The HCA or designee is the agency head for the purposes of FAR 9.405.
The HCA or designee is the agency head for the purposes of FAR 9.405-1.
The HCA or designee is the agency head for the purposes of FAR 9.405-2.
source: 87 FR 47118, Aug. 2, 2022, unless otherwise noted.
cite as: 48 CFR 2809.405-1