PART 5309 -
[ Revised October 3, 2017 ]
(INTERIM CHANGE: See Policy Memo 10-C-15)
SUBPART 5309.1 — RESPONSIBLE PROSPECTIVE CONTRACTORS
5309.104 -1 General Standards
See the tailorable Determination and Findings template.
SUBPART 5309.2 — QUALIFICATION REQUIREMENTS
(a)(1) For the designee referenced in FAR 9.202(a), see MP5301.601(a)(i).
(b) For the designee referenced in FAR 9.206-1(b), see MP5301.601(a)(i).
(e)(3) Whenever a decision is made not to enforce a qualification requirement, the contracting officer shall request concurrence from the activity that established the requirement.
(a) See MP5301.601(a)(i).
SUBPART 5309.4 — DEBARMENT, SUSPENSION, AND INELIGIBILITY
5309.405 Effect of Listing
(a) The contracting officer must submit a request for a compelling reason exception through their MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC, with a copy to SAF/GCR. The request must include a description of efforts taken to establish alternate sources and the impact if the exception is not granted. SAF/AQC will forward the approved exceptions to GSA.
(a) Investigation and referral.
(i) The contracting officer or the referring person must promptly notify SAF/GCR, their MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO), 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.
The contracting officer must follow the debarment procedures at 5309.406-3 above for suspensions.
SUBPART 5309.5—ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST
Forward requests to waive FAR 9.5 requirements through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for HCA approval (see MP5301.601(a)(i)).
5309.504 Contracting Officer Responsibilities
(c) Forward the approved recommended course of action to the HCA through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for review. Recommendations must include all documentation required by FAR 9.506(b) as an attachment. See MP5301.601(a)(i).
5309.507-2 Solicitation Provisions and Contract Clause (INTERIM CHANGE: See Policy Memo 10-C-15)
5309.571-7 Systems Engineering and Technical Assistance Contracts
(c)(1) See MP5301.601(a)(i).