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Section 5309.406-3: Procedures.

(a) Investigation and referral.

(i) The contracting officer or the referring person shall promptly notify SAF/GCR and their designated legal counsel with all known information relating to the following:

(1) Any non-responsibility determination.

(2) Any indictment, conviction, or civil judgment (including those listed on required certifications, or those disclosed in accordance with FAR 3.1003 or 52.203-13) relating to an offeror’s or contractor’s lack of integrity or business honesty, regardless of whether the indictment, conviction, or civil judgment related to a government contract.

(3) Any recommended termination for default.

(4) Any recommendation for debarment or suspension. The contracting officer shall also notify the cognizant legal office of any recommendation for debarment or suspension.

(5) Any debarred or suspended contractor who bids on a Government contract (including those who indicate debarment or suspension on required certifications).

(ii) The contracting officer shall provide additional information as requested by SAF/GCR.

(b) Decision-making process.

(2) If SAF/GCR determines that a hearing is required, the contracting activity shall provide witnesses and other support as requested.




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