Debarment, Suspension, and Ineligibility of Contractors, 60838-60840 [2011-25228]
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60838
Federal Register / Vol. 76, No. 190 / Friday, September 30, 2011 / Notices
Notice of request for public
comments regarding a revision to an
existing OMB clearance.
ACTION:
Under the provisions of the
Paperwork Reduction Act (44 U.S.C.
chapter 35), the Regulatory Secretariat
(MVCB) will be submitting to the Office
of Management and Budget (OMB) a
request to review and approve an
extension of a previously approved
information collection requirement
concerning contractor business ethics
compliance program and disclosure
requirements.
Public comments are particularly
invited on: Whether this collection of
information is necessary for the proper
performance of functions of the FAR,
and whether it will have practical
utility; whether our estimate of the
public burden of this collection of
information is accurate, and based on
valid assumptions and methodology;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways in which we can
minimize the burden of the collection of
information on those who are to
respond, through the use of appropriate
technological collection techniques or
other forms of information technology.
DATES: Submit comments on or before
November 29, 2011.
ADDRESSES: Submit comments
identified by Information Collection
9000–0164, Contractor Business Ethics
Compliance Program and Disclosure
Requirements, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘Information Collection 9000–
0164, Contractor Business Ethics
Compliance Program and Disclosure
Requirements’’, under the heading
‘‘Enter Keyword or ID’’ and selecting
‘‘Search’’. Select the link ‘‘Submit a
Comment’’ that corresponds with
‘‘Information Collection 9000–0164,
Contractor Business Ethics Compliance
Program and Disclosure Requirements’’.
Follow the instructions provided at the
‘‘Submit a Comment’’ screen. Please
include your name, company name (if
any), and ‘‘Information Collection 9000–
0164, Contractor Business Ethics
Compliance Program and Disclosure
Requirements’’, on your attached
document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1275 First Street, NE.,
Washington, DC 20417. ATTN: Hada
Flowers/IC 9000–0164, Contractor
Business Ethics Compliance Program
and Disclosure Requirements.
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SUMMARY:
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Instructions: Please submit comments
only and cite Information Collection
9000–0164, Contractor Business Ethics
Compliance Program and Disclosure
Requirements, in all correspondence
related to this collection. All comments
received will be posted without change
to https://www.regulations.gov, including
any personal and/or business
confidential information provided.
FOR FURTHER INFORMATION CONTACT:
Mr.
Anthony Robinson, Procurement
Analyst, Acquisition Policy Division,
GSA (202) 501–2658 or e-mail Anthony
Robinson@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. Purpose
The collection applies to the FAR
requirements for a contractor code of
business ethics and conduct, an internal
control system, and disclosure to the
Government of certain violations of
criminal law, violations of the civil
False Claims Act, or significant
overpayments.
The 60 hour burden estimate reflects
what was published in the November
12, 2008, final rule (73 FR 67064). In
response to public comments the
Government stated the initial estimate
of 3 hours was inadequate and revised
the estimated burden hours to 60 per
response. The change particularly
considers the hours that would be
required for the collection within a
company, prior to release to the
Government.
B. Annual Reporting Burden
Respondents: 284.
Responses per Respondent: 1.
Total Responses: 284.
Hours per Response: 60.
Total Burden hours: 17,040.
Obtaining Copies of Proposals:
Requesters may obtain a copy of the
information collection documents from
the General Services Administration,
Regulatory Secretariat Branch (MVCB),
1275 First Street, NE., Washington, DC
20417, telephone (202) 501–4755. Please
cite OMB Control No. 9000–0164,
Contractor Business Ethics Compliance
Program and Disclosure Requirements,
in all correspondence.
Dated: September 26, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide
Acquisition Policy Office of Acquisition
Policy.
[FR Doc. 2011–25219 Filed 9–29–11; 8:45 am]
BILLING CODE 6820–EP–P
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GOVERNMENT ACCOUNTABILITY
OFFICE
Debarment, Suspension, and
Ineligibility of Contractors
AGENCY:
Government Accountability
Office.
Proposed policy statement with
request for comments.
ACTION:
The Government
Accountability Office (GAO) is
providing notice of its intent to adopt
the policies and procedures contained
in the Federal Acquisition Regulation
(FAR) regarding the debarment,
suspension, and ineligibility of
government contractors. As a legislative
branch agency, GAO is not subject to the
requirements of the FAR. However, it is
GAO’s general policy to follow the FAR,
as appropriate and applicable.
Mandatory application of the FAR is not
to be inferred from GAO’s adoption of
this policy.
GAO’s procurement rules are not
contained in the Code of Federal
Regulations, but instead are contained
in an internal GAO document referred
to as ‘‘Government Accountability
Office Procurement Guidelines’’
(hereinafter, GAO’s Procurement Order).
As such, the proposed policy regarding
debarment and suspension will be
added as a chapter to GAO’s
Procurement Order. However, persons
or entities seeking government contracts
could potentially be adversely affected
if, pursuant to the proposed policy, they
were debarred, suspended, or proposed
for debarment by GAO. As such, GAO
is providing interested persons an
opportunity for notice and comment on
this proposed policy.
DATE: Comments must be received on or
before November 14, 2011.
GAO will publish the effective date of
the proposed policy when responding to
comments in a future Federal Register.
ADDRESSES: Address all comments
concerning this proposed policy to
Government Accountability Office,
Office of the General Counsel, Attn:
Legal Services, Room 7838, 441 G
Street, NW., Washington, DC 20548; or
e-mail, bielecj@gao.gov.
FOR FURTHER INFORMATION CONTACT: John
A. Bielec, Assistant General Counsel,
202–512–2846.
SUPPLEMENTARY INFORMATION: GAO is
not subject to the Administrative
Procedure Act and accordingly, is not
required by law to seek comments
before issuing a policy that has general
applicability and legal effect. However,
GAO has decided to invite interested
persons to comment on this proposed
SUMMARY:
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Federal Register / Vol. 76, No. 190 / Friday, September 30, 2011 / Notices
policy by submitting written comments.
Application of the Administrative
Procedure Act to GAO is not to be
inferred from this invitation for
comments.
GAO will consider all comments
received on or before the closing date
for comments. GAO may change the
proposed policy based on the comments
received.
Under GAO’s proposed policy, GAO
will follow FAR Subpart 9.4. GAO’s
Procurement Order, GAO Order 0625.1,
states that it is GAO’s policy to follow
the FAR and GAO has long-maintained
procedures, consistent with FAR
Subpart 9.4, that ensure that it contracts
only with those entities and individuals
(hereinafter, contractors) who are
responsible. However, GAO’s
Procurement Order has not explicitly
referenced the debarment and
suspension procedures contained in
FAR Subpart 9.4. To make clear that
FAR Subpart 9.4 applies, GAO is
amending its Procurement Order to
formally and explicitly adopt FAR
Subpart 9.4.
Except as provided in FAR Subpart
9.4, GAO will not solicit offers from,
award contracts to, or consent to
subcontracts with, contractors who are
listed on the Excluded Parties List
System (EPLS), which is maintained by
the General Services Administration.
Further, if GAO debars, proposes for
debarment, or suspends a contractor,
GAO will, consistent with FAR Subpart
9.4, list that contractor in the EPLS.
Given that GAO is a legislative branch
agency, the listing of a contractor in the
EPLS by GAO will have mandatory
effect only as to GAO. Consistent with
FAR 9.405–1, GAO may continue an
existing contract with a contractor
despite the fact that the contractor has
subsequently been debarred, proposed
for debarment, or suspended.
Consistent with the definitions of
‘‘debarring official’’ and ‘‘suspending
official’’ contained at FAR 9.403, the
Comptroller General, as the head of
GAO, will serve as the debarring official
and suspending official (hereinafter,
debarment/suspension official). The
Comptroller General may designate
another GAO official to serve as the
debarment/suspension official. The
Comptroller General will also be
responsible for deciding whether to
solicit offers from, award contracts to, or
consent to subcontracts with contractors
who have been debarred, suspended, or
proposed for debarment, and whether to
terminate a current contract or
subcontract in existence at the time the
contractor was debarred, suspended, or
proposed for debarment.
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GAO’s Acquisition Management office
(AM), which is responsible for the
majority of GAO’s contracting activities,
will be designated as the GAO unit with
primary responsibility for investigating
and referring potential debarment and
suspension actions to the debarment/
suspension official for his or her
consideration. GAO’s procurement
activities are largely centralized in AM,
which is staffed by contracting officers
and other acquisition professionals. As
such, AM staff has the required
technical knowledge to handle
debarment and suspension referrals and
is in the best position to learn of matters
that may warrant debarment and/or
suspension. Moreover, AM is the first
point of contact for Contracting Officer’s
Representatives, who have direct
knowledge of any problems with
contractor performance. Thus,
individuals—including GAO employees
and members of the public—who
believe that there may be grounds to
debar or suspend a contractor should
contact AM and provide them with all
relevant information. Whenever AM
learns of information that indicates
there may be grounds for debarring or
suspending a contractor, AM will gather
appropriate information and refer the
matter to the debarment/suspension
official. All such referrals will include
a recommendation by the Director of
AM as to a proposed course of action.
Likewise, AM will have responsibility
for recommending to the Comptroller
General whether or not to continue
current contracts with, solicit offers
from, award contracts to, or consent to
subcontracts with a contractor who is
debarred, suspended, or proposed for
debarment.
Given its central role in GAO’s
procurement process, AM, in
consultation with GAO’s Office of
General Counsel, will also be
responsible for establishing written
procedures that address the key aspects
of GAO’s debarment/suspension
program.
Accordingly, the Government
Accountability Office proposes to adopt
the following policy and incorporate it
into GAO’s Procurement Order:
GAO will follow the policies and
procedures contained at FAR Subpart
9.4—Debarment, Suspension, and
Ineligibility. GAO will not solicit offers
from, award contracts to, or consent to
subcontracts with contractors who are
listed on the Excluded Parties List
System (EPLS), except as otherwise
provided for in FAR Subpart 9.4. GAO
will report to the EPLS any contractor
GAO debars, suspends, or proposes for
debarment. Such action will have
mandatory application only to GAO.
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60839
Notwithstanding the debarment,
suspension, or proposed debarment of a
contractor, GAO may continue contracts
or subcontracts in existence at the time
the contractor was debarred, suspended,
or proposed for debarment, unless the
Comptroller General (CG) directs
otherwise.
The CG or a designee will serve as the
debarring official and suspending
official (debarment/suspension official).
The CG will also decide whether to
solicit offers from, award contracts to, or
consent to subcontracts with contractors
who have been debarred, suspended, or
proposed for debarment and whether to
terminate a current contract or
subcontract in existence at the time the
contractor was debarred, suspended, or
proposed for debarment.
Acquisition Management (AM) will
have primary responsibility for
investigating and referring potential
debarment/suspension actions to the
debarment/suspension official for
consideration. As such, any person who
believes that there may be grounds to
debar or suspend a person or entity from
contracting with GAO should contact
AM and provide them with all relevant
information.
AM will also have responsibility for
recommending to the CG whether or not
to continue current contracts with,
solicit offers from, award contracts to, or
consent to subcontracts with a
contractor who is debarred, suspended,
or proposed for debarment. In
consultation with the Office of General
Counsel, AM will establish and
maintain written procedures for:
(1) The prompt reporting,
investigation, and referral to the
debarment/suspension official of
matters appropriate for that official’s
consideration. All debarment/
suspension referrals shall include a
recommendation by the Director of AM
as to a proposed course of action;
(2) The debarment decisionmaking
process, which shall afford the
contractor (and any specifically named
affiliates) an opportunity to submit, in
person, in writing, or through a
representative, information and
argument in opposition to the proposed
debarment;
(3) The suspension decisionmaking
process, which shall afford the
contractor (and any specifically named
affiliates) an opportunity, following the
imposition of suspension, to submit, in
person, in writing, or through a
representative, information and
argument in opposition to the
suspension;
(4) Recommending to the CG whether
or not to solicit offers from, award
contracts to, or consent to subcontracts
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Federal Register / Vol. 76, No. 190 / Friday, September 30, 2011 / Notices
with a contractor who is debarred,
suspended, or proposed for debarment;
and
(5) Recommending to the CG whether
or not to continue current contracts with
a contractor or subcontractor who is
debarred, suspended, or proposed for
debarment.
OGC will review for legal sufficiency:
(1) Referrals by AM to the debarment/
suspension official;
(2) Recommendations by AM to the
CG that GAO solicit offers from, award
contracts to, or consent to subcontracts
with a contractor who is listed in the
EPLS debarred, suspended, or proposed
for debarment;
(3) Recommendations by AM to the
CG to terminate a current contract
because a contractor or subcontractor
was subsequently debarred, suspended,
or proposed for debarment; and
(4) Notices of proposed debarment,
notices of suspension, or any other
communication to a contractor
regarding that contractor’s potential or
actual suspension or debarment.
Lynn H. Gibson,
General Counsel, U.S. Government
Accountability Office.
[FR Doc. 2011–25228 Filed 9–29–11; 8:45 am]
BILLING CODE 1610–02–P
OFFICE OF GOVERNMENT ETHICS
Updated OGE Senior Executive Service
Performance Review Board
AGENCY:
The following officials have been
appointed members of the SES
Performance Review Board of the Office
of Government Ethics:
Barbara Mullen-Roth [Chair], Deputy
Director, Office of Government Ethics;
Leigh Bradley, Director, Standards of
Conduct Office, Office of General
Counsel, Office of the Secretary of
Defense;
Melinda Loftin, Director, Departmental
Ethics Office, Department of Interior;
David Maggi, Chief, Ethics Law and
Program Division, Office of the
Assistant General Counsel for
Administration, Department of
Commerce; and
Robert Shapiro, Associate Solicitor for
Legal Counsel, Department of Labor.
BILLING CODE 6345–03–P
Notice.
Notice is hereby given of the
appointment of members of the updated
OGE Senior Executive Service (SES)
Performance Review Board.
DATES: Effective Date: September 30,
2011.
FOR FURTHER INFORMATION CONTACT:
Barbara Mullen-Roth, Deputy Director,
Office of Government Ethics, Suite 500,
1201 New York Avenue, NW.,
Washington, DC 20005–3917;
Telephone: 202–482–9300; TYY: 800–
877–8339; FAX: 202–482–9237.
SUPPLEMENTARY INFORMATION: 5 U.S.C.
4314(c) requires each agency to
establish, in accordance with
regulations prescribed by the Office of
Personnel Management at 5 CFR part
430, subpart C and 430.310 thereof in
particular, one or more Senior Executive
Service (SES) performance review
boards. As a small executive branch
agency, OGE has just one board. In order
to ensure an adequate level of staffing
and to avoid a constant series of
SUMMARY:
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Approved: September 26, 2011.
Don W. Fox,
Acting Director, Office of Government Ethics.
[FR Doc. 2011–25222 Filed 9–29–11; 8:45 am]
Office of Government Ethics
(OGE).
ACTION:
recusals, the designated members of
OGE’s SES Performance Review Board
are being drawn, as in the past, in large
measure from the ranks of other
agencies. The board shall review and
evaluate the initial appraisal of each
OGE senior executive’s performance by
his or her supervisor, along with any
recommendations in each instance to
the appointing authority relative to the
performance of the senior executive.
This notice updates the membership of
OGE’s SES Performance Review Board
as it was most recently published at 75
FR 62540 (October 12, 2010).
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Document Identifier: 4150–30; 60-day
Notice]
Agency Information Collection
Request; 30-Day Public Comment
Request
Office of the Secretary, HHS.
In compliance with the requirement
of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Office of the Secretary (OS), Department
of Health and Human Services, is
publishing the following summary of a
proposed information collection request
for public comment. Interested persons
are invited to send comments regarding
this burden estimate or any other aspect
of this collection of information,
including any of the following subjects:
(1) The necessity and utility of the
proposed information collection for the
proper performance of the agency’s
functions; (2) the accuracy of the
AGENCY:
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estimated burden; (3) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (4) the
use of automated collection techniques
or other forms of information
technology to minimize the information
collection burden.
To obtain copies of the supporting
statement and any related forms for the
proposed paperwork collections
referenced above, e-mail your request,
including your address, phone number,
OMB number, and OS document
identifier, to
Sherette.funncoleman@hhs.gov, or call
the Reports Clearance Office on (202)
690–6162. Written comments and
recommendations for the proposed
information collections must be directed
to the OS Paperwork Clearance Officer
at the above email address within 60
days.
Proposed Project: The Office of
Adolescent Health (OAH) Pregnancy
Prevention Approaches Evaluation
Baseline Data Collection-Transferring
from ACF OMB No. 0970–0360 to OS
OMB No. OS–0990–NEW.
Abstract: The Office of Adolescent
Health (OAH), Office of the Assistant
Secretary for Health (OASH), U.S.
Department of Health and Human
Services (HHS), is overseeing and
coordinating adolescent pregnancy
prevention evaluation efforts as part of
the Teen Pregnancy Prevention
Initiative. OAH is working
collaboratively with the Office of the
Assistant Secretary for Planning and
Evaluation (ASPE), the Centers for
Disease Control and Prevention (CDC),
and the Administration for Children and
Families (ACF) on adolescent pregnancy
prevention evaluation activities.
The Evaluation of Adolescent
Pregnancy Prevention Approaches
(PPA) is one of these efforts. PPA is a
random assignment evaluation which
will expand available evidence on
effective ways to reduce teen pregnancy.
The evaluation will document and test
a range of pregnancy prevention
approaches in up to eight program sites.
The findings from the evaluation will be
of interest to the general public, to
policy-makers, and to organizations
interested in teen pregnancy prevention.
OAH proposed baseline data
collection activity as part of the PPA
evaluation. A core baseline data
collection instrument was approved on
July 26, 2010. The project has worked in
recent months to secure grantees as
evaluation sites, and as part of this effort
the project has undertaken making
revisions to the baseline instrument
with each site. These revisions were
undertaken because each site has
unique features (e.g. target population;
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]]>Agencies
[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Notices]
[Pages 60838-60840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25228]
=======================================================================
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GOVERNMENT ACCOUNTABILITY OFFICE
Debarment, Suspension, and Ineligibility of Contractors
AGENCY: Government Accountability Office.
ACTION: Proposed policy statement with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Government Accountability Office (GAO) is providing notice
of its intent to adopt the policies and procedures contained in the
Federal Acquisition Regulation (FAR) regarding the debarment,
suspension, and ineligibility of government contractors. As a
legislative branch agency, GAO is not subject to the requirements of
the FAR. However, it is GAO's general policy to follow the FAR, as
appropriate and applicable. Mandatory application of the FAR is not to
be inferred from GAO's adoption of this policy.
GAO's procurement rules are not contained in the Code of Federal
Regulations, but instead are contained in an internal GAO document
referred to as ``Government Accountability Office Procurement
Guidelines'' (hereinafter, GAO's Procurement Order). As such, the
proposed policy regarding debarment and suspension will be added as a
chapter to GAO's Procurement Order. However, persons or entities
seeking government contracts could potentially be adversely affected
if, pursuant to the proposed policy, they were debarred, suspended, or
proposed for debarment by GAO. As such, GAO is providing interested
persons an opportunity for notice and comment on this proposed policy.
DATE: Comments must be received on or before November 14, 2011.
GAO will publish the effective date of the proposed policy when
responding to comments in a future Federal Register.
ADDRESSES: Address all comments concerning this proposed policy to
Government Accountability Office, Office of the General Counsel, Attn:
Legal Services, Room 7838, 441 G Street, NW., Washington, DC 20548; or
e-mail, bielecj@gao.gov.
FOR FURTHER INFORMATION CONTACT: John A. Bielec, Assistant General
Counsel, 202-512-2846.
SUPPLEMENTARY INFORMATION: GAO is not subject to the Administrative
Procedure Act and accordingly, is not required by law to seek comments
before issuing a policy that has general applicability and legal
effect. However, GAO has decided to invite interested persons to
comment on this proposed
[[Page 60839]]
policy by submitting written comments. Application of the
Administrative Procedure Act to GAO is not to be inferred from this
invitation for comments.
GAO will consider all comments received on or before the closing
date for comments. GAO may change the proposed policy based on the
comments received.
Under GAO's proposed policy, GAO will follow FAR Subpart 9.4. GAO's
Procurement Order, GAO Order 0625.1, states that it is GAO's policy to
follow the FAR and GAO has long-maintained procedures, consistent with
FAR Subpart 9.4, that ensure that it contracts only with those entities
and individuals (hereinafter, contractors) who are responsible.
However, GAO's Procurement Order has not explicitly referenced the
debarment and suspension procedures contained in FAR Subpart 9.4. To
make clear that FAR Subpart 9.4 applies, GAO is amending its
Procurement Order to formally and explicitly adopt FAR Subpart 9.4.
Except as provided in FAR Subpart 9.4, GAO will not solicit offers
from, award contracts to, or consent to subcontracts with, contractors
who are listed on the Excluded Parties List System (EPLS), which is
maintained by the General Services Administration. Further, if GAO
debars, proposes for debarment, or suspends a contractor, GAO will,
consistent with FAR Subpart 9.4, list that contractor in the EPLS.
Given that GAO is a legislative branch agency, the listing of a
contractor in the EPLS by GAO will have mandatory effect only as to
GAO. Consistent with FAR 9.405-1, GAO may continue an existing contract
with a contractor despite the fact that the contractor has subsequently
been debarred, proposed for debarment, or suspended.
Consistent with the definitions of ``debarring official'' and
``suspending official'' contained at FAR 9.403, the Comptroller
General, as the head of GAO, will serve as the debarring official and
suspending official (hereinafter, debarment/suspension official). The
Comptroller General may designate another GAO official to serve as the
debarment/suspension official. The Comptroller General will also be
responsible for deciding whether to solicit offers from, award
contracts to, or consent to subcontracts with contractors who have been
debarred, suspended, or proposed for debarment, and whether to
terminate a current contract or subcontract in existence at the time
the contractor was debarred, suspended, or proposed for debarment.
GAO's Acquisition Management office (AM), which is responsible for
the majority of GAO's contracting activities, will be designated as the
GAO unit with primary responsibility for investigating and referring
potential debarment and suspension actions to the debarment/suspension
official for his or her consideration. GAO's procurement activities are
largely centralized in AM, which is staffed by contracting officers and
other acquisition professionals. As such, AM staff has the required
technical knowledge to handle debarment and suspension referrals and is
in the best position to learn of matters that may warrant debarment
and/or suspension. Moreover, AM is the first point of contact for
Contracting Officer's Representatives, who have direct knowledge of any
problems with contractor performance. Thus, individuals--including GAO
employees and members of the public--who believe that there may be
grounds to debar or suspend a contractor should contact AM and provide
them with all relevant information. Whenever AM learns of information
that indicates there may be grounds for debarring or suspending a
contractor, AM will gather appropriate information and refer the matter
to the debarment/suspension official. All such referrals will include a
recommendation by the Director of AM as to a proposed course of action.
Likewise, AM will have responsibility for recommending to the
Comptroller General whether or not to continue current contracts with,
solicit offers from, award contracts to, or consent to subcontracts
with a contractor who is debarred, suspended, or proposed for
debarment.
Given its central role in GAO's procurement process, AM, in
consultation with GAO's Office of General Counsel, will also be
responsible for establishing written procedures that address the key
aspects of GAO's debarment/suspension program.
Accordingly, the Government Accountability Office proposes to adopt
the following policy and incorporate it into GAO's Procurement Order:
GAO will follow the policies and procedures contained at FAR
Subpart 9.4--Debarment, Suspension, and Ineligibility. GAO will not
solicit offers from, award contracts to, or consent to subcontracts
with contractors who are listed on the Excluded Parties List System
(EPLS), except as otherwise provided for in FAR Subpart 9.4. GAO will
report to the EPLS any contractor GAO debars, suspends, or proposes for
debarment. Such action will have mandatory application only to GAO.
Notwithstanding the debarment, suspension, or proposed debarment of a
contractor, GAO may continue contracts or subcontracts in existence at
the time the contractor was debarred, suspended, or proposed for
debarment, unless the Comptroller General (CG) directs otherwise.
The CG or a designee will serve as the debarring official and
suspending official (debarment/suspension official). The CG will also
decide whether to solicit offers from, award contracts to, or consent
to subcontracts with contractors who have been debarred, suspended, or
proposed for debarment and whether to terminate a current contract or
subcontract in existence at the time the contractor was debarred,
suspended, or proposed for debarment.
Acquisition Management (AM) will have primary responsibility for
investigating and referring potential debarment/suspension actions to
the debarment/suspension official for consideration. As such, any
person who believes that there may be grounds to debar or suspend a
person or entity from contracting with GAO should contact AM and
provide them with all relevant information.
AM will also have responsibility for recommending to the CG whether
or not to continue current contracts with, solicit offers from, award
contracts to, or consent to subcontracts with a contractor who is
debarred, suspended, or proposed for debarment. In consultation with
the Office of General Counsel, AM will establish and maintain written
procedures for:
(1) The prompt reporting, investigation, and referral to the
debarment/suspension official of matters appropriate for that
official's consideration. All debarment/suspension referrals shall
include a recommendation by the Director of AM as to a proposed course
of action;
(2) The debarment decisionmaking process, which shall afford the
contractor (and any specifically named affiliates) an opportunity to
submit, in person, in writing, or through a representative, information
and argument in opposition to the proposed debarment;
(3) The suspension decisionmaking process, which shall afford the
contractor (and any specifically named affiliates) an opportunity,
following the imposition of suspension, to submit, in person, in
writing, or through a representative, information and argument in
opposition to the suspension;
(4) Recommending to the CG whether or not to solicit offers from,
award contracts to, or consent to subcontracts
[[Page 60840]]
with a contractor who is debarred, suspended, or proposed for
debarment; and
(5) Recommending to the CG whether or not to continue current
contracts with a contractor or subcontractor who is debarred,
suspended, or proposed for debarment.
OGC will review for legal sufficiency:
(1) Referrals by AM to the debarment/suspension official;
(2) Recommendations by AM to the CG that GAO solicit offers from,
award contracts to, or consent to subcontracts with a contractor who is
listed in the EPLS debarred, suspended, or proposed for debarment;
(3) Recommendations by AM to the CG to terminate a current contract
because a contractor or subcontractor was subsequently debarred,
suspended, or proposed for debarment; and
(4) Notices of proposed debarment, notices of suspension, or any
other communication to a contractor regarding that contractor's
potential or actual suspension or debarment.
Lynn H. Gibson,
General Counsel, U.S. Government Accountability Office.
[FR Doc. 2011-25228 Filed 9-29-11; 8:45 am]
BILLING CODE 1610-02-P
