§ 2809.470 - Responsibilities.

(a) Contracting activities in the OBDBs shall:

(1) Be familiar with the policies and procedures concerning debarment, suspension, and ineligibility as set forth in FAR subpart 9.4 and this subpart.

(2) Provide an effective system within their activity to ensure that contracting staff consult the GSA Consolidated List of Debarred, Suspended, or Ineligible Contractors prior to soliciting offers from, awarding or extending contracts to, or consenting to subcontracts with contractors on the list.

(3) Consider recommending debarment or suspension of a contractor when cause exists under FAR 9.406-2 (debarment) and FAR 9.407-2 (suspension). Existence of cause for debarment or suspension does not necessarily require that the contractor be debarred or suspended. Contracting activities must consider the seriousness of the contractor's acts or omissions and any mitigating circumstances. Contracting staffs should consult with their appropriate legal counsel prior to making a decision to initiate debarment or suspension proceedings. If a determination is made that available facts do not justify beginning debarment or suspension proceedings, the file should be documented accordingly. This determination should be subject to reconsiderations if new information or additional fact-finding so justifies.

(4) Immediately prepare a notice in accordance with FAR 9.406-3(a) (debarment) or FAR 9.407-3(c) (suspension) if a decision is made to initiate debarment and/or suspension of a contractor. The draft notice along with the administrative file containing all relevant facts and analysis shall be forwarded to the Procurement Executive, as the debarring and suspending official, following review by the activity's legal counsel and procurement head.

(b) The DOJ Procurement Executive, as the debarring and suspending official, shall:

(1) Review the notice and administrative file for sufficiency and provide for review by other DOJ officials as considered appropriate.

(2) Give the contractor prompt notice of the proposed debarment or suspension if he or she so decides, in accordance with FAR 9.406-3(c) (debarment) or FAR 9.407-3(c) (suspension).

(3) Direct additional fact-finding as necessary when material facts are in dispute. Fact-finding over disputed issues of fact in debarment and suspension proceedings may be conducted by the General Services Administration Board of Contract Appeals (GSBCA) in accordance with the signed agreement between the Department and GSBCA if requested by either the government or the contractor.

(4) Notify the contractor of the final decision to debar or suspend, including a decision not to debar or suspend, in accordance with FAR 9.406-3(c) (debarment) and FAR 9.407-3(c) (suspension).

(c) Other responsibilities of the DOJ Procurement Executive.

(1) Provide notification to GSA within five working days after debarring or suspending a contractor or modifying or rescinding such an action of the information set forth in FAR 9.404(c).

(2) Maintain agencywide records of debarred or suspended contractors in accordance with FAR 9.404(c)(4).

(3) In accordance with FAR 9.405(a), approve determinations submitted by contracting activities establishing compelling reasons to contract or consent to a subcontractor with a contractor on a current debarred or suspended list. (DOJ officials do not have the authority to make exceptions for contractors declared ineligible.)

(4) Provide interim notification to the OBDBs of contractors debarred or suspended pending inclusion into the GSA Consolidated List and coordinate among the OBDBs annual subscriptions to the GSA list.