Subpart 1909.4 - Debarment, Suspension,

and Ineligibility

Parent topic: PART 1909 - CONTRACTOR QUALIFICATIONS

1909.403 Definitions.

The Board Procurement Executive, is designated the “debarring official” and the “suspending

official” as defined in FAR 9.403 and is designated as the Board official authorized to make the

decisions required in FAR 9.405(a), 9.405-1(b), 9.405-2, 9.406-1(c), and 9.407-1(d).

1909.404 Consolidated list of debarred, suspended, and

ineligible contractors.

(a) The Policy and Procedures Staff, Office of Contracts, shall be responsible for the maintenance

and distribution of the GSA Consolidated List of Debarred, Suspended, and Ineligible Contractors. It

will be coordinated with the Solicitation Mailing List and appropriate notations will be made on both

lists, when additions or deletions are necessary. Contracting Officers shall notify the Policy and

Procedures Staff, Office of Contracts, of their distribution needs and shall ensure the list is used

effectively.

(b) The Board Procurement Executive (or designee) is responsible for notifying GSA of the

information required by FAR 9.404(b).

1909.406 Debarment, suspension, and ineligibility.

1909.406-3 Procedures.

(a) Investigation and referral. Any officer of the Board who becomes aware of circumstances which

may serve as a basis for a debarment, suspension, or ineligibility shall report the circumstances by

memorandum to the Board Procurement Executive for consideration of debarment, suspension or

ineligibility action.

(b) Decision-making process.

(1) Contractors shall be given the opportunity to submit, in person, in writing, or through a

representative, information and arguments in opposition to a proposed debarment or suspension. All

rebuttals shall be addressed to the Board Procurement Executive. However, if a response to the

proposed debarment or suspension is not received by the Board Procurement Executive within 30

calendar days of receipt of the notice, the debarment or suspension shall become final.

(2) If a contractor, or a representative, desires to present information and arguments in person to

the Board Procurement Executive, an oral presentation will be held within 20 calendar days of
receipt of the request, unless a longer period of time is requested by the contractor. Hearings will be

held before a three-person fact-finding board composed of one member each from the Office of

General Counsel and Congressional Liaison, the Bureau of Management, and the Office of Contracts,

other than the initiating officer. The fact-finding board shall deliver written findings to the Board

Procurement Executive (together with a transcription of the proceedings, if made) within 10

calendar days after the hearing. The findings shall resolve any facts in dispute based on a

preponderance of the evidence presented and determine whether a cause for debarment or

suspension exists.

(c) Debarring/suspending official's decision. The debarring/suspending official's final decision shall

be made in writing in accordance with FAR 9.406-3 and notice of the decision will be given in

accordance with FAR 9.406-3. A copy of the notice shall be given to the affected agency component.