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5309.406-3 Procedures

Prescription and Applicability

Current Text

(a) Investigation and referral.
(i) The contracting officer or the referring person must promptly notify SAF/GCR, their SCO, 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 FAR 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 or final termination for default or for cause.
(4) 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 must 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 must provide witnesses and other support as requested.

Recent Amendment History

  • 2026-03-20: Content modified

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