Previous PageTable Of ContentsNext Page

DFARS Appendix H

Appendix H—Debarment and Suspension Procedures

DEBARMENT AND SUSPENSION PROCEDURES

TABLE OF CONTENTS

H-100 Scope.

H-101 Notification.

H-102 Nature of proceeding.

H-103 Presentation of matters in opposition.

H-104 Fact-finding.

H-105 Timing requirements.

H-106 Subsequent to fact-finding.

DEBARMENT AND SUSPENSION PROCEDURES

H-100 Scope.

This appendix provides uniform debarment and suspension procedures to be followed by all debarring and suspending officials.

H-101 Notification.

Contractors will be notified of the proposed debarment or suspension in accordance with FAR 9.406-3 or 9.407-3. A copy of the record which formed the basis for the decision by the debarring and suspending official will be made available to the contractor. If there is a reason to withhold from the contractor any portion of the record, the contractor will be informed of what is withheld and the reasons for such withholding.

H-102 Nature of proceeding.

There are two distinct proceedings which may be involved in the suspension or debarment process. The first is the presentation of matters in opposition to the suspension or proposed debarment by the contractor. The second is fact-finding which occurs only in cases in which the contractor’s presentation of matters in opposition raises a genuine dispute over one or more material facts. In a suspension action based upon an indictment or in a proposed debarment action based upon a conviction or civil judgment, there will be no fact-finding proceeding concerning the matters alleged in the indictment, or the facts underlying the convictions or civil judgment. However, to the extent that the proposed action stems from the contractor’s affiliation with an individual or firm indicted or convicted, or the subject of a civil judgment, fact-finding is permitted if a genuine dispute of fact is raised as to the question of affiliation as defined in FAR 9.403.

H-103 Presentation of matters in opposition.

H-104 Fact-finding.

H-105 Timing requirements.

All timing requirements set forth in these procedures may be extended by the debarring and suspending official for good cause.

H-106 Subsequent to fact-finding.

Previous PageTop Of PageTable Of ContentsNext Page