Debarment, Suspension, and Ineligibility of Contractors, 12106-12107 [2013-03962]
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Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Notices
Estimated Average Burden per
Response: 18 minutes.
Estimated Total Annual Burden:
1,058 hours.
Total Annualized capital/startup
costs: n/a.
Total Annualized cost to respondents:
$21,130.
Total Annual costs to Federal
Government: $601,306.
Contact: Comments should be sent to
Office of Information and Regulatory
Affairs, Attn.: OMB Desk Officer for
Education, Office of Management and
Budget, Room 10235, Washington, DC
20503, (202) 395–7316.
Dated: February 14, 2013.
Kim Miller,
Management Analyst.
BILLING CODE 6015–01–P
OFFICE OF PERSONNEL
MANAGEMENT
Debarment, Suspension, and
Ineligibility of Contractors
The U.S. Office of Personnel
Management (OPM) 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 an executive agency, OPM follows
the FAR as appropriate and applicable.
As OPM’s procurement rules are not
contained in the Code of Federal
Regulations, these new rules will be
contained in an internal OPM document
referred to as ‘‘Contracting Policy No.
9.4: OPM Suspension and Debarment
Program’’ (hereinafter, OPM’s
contracting policy). As such, the
proposed policy regarding debarment
and suspension will be added to OPM’s
contracting policies. 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 OPM. As
such, OPM is providing interested
persons an opportunity for notice and
comment on this proposed policy.
DATES: Comments must be received on
or before March 25, 2013.
OPM will publish the effective date of
the proposed policy when responding to
comments in a future notice.
ADDRESSES: Address all comments
concerning this proposed policy to: U.S.
Office of Personnel Management,
Contracting; Attention: Contracting
Policy, 1900 E Street NW., Washington,
DC 20415; or email
patricia.broome@opm.gov.
FOR FURTHER INFORMATION CONTACT:
Patricia W. Broome, Director,
Contracting Policy, 202–606–2952.
SUPPLEMENTARY INFORMATION: OPM is
required by law to seek comments
before issuing a policy that has general
applicability and legal effect. OPM
SUMMARY:
PEACE CORPS
Public Availability of Office of
Acquisitions and Contract
Management FY 2012 Service Contract
Inventory
Office of Acquisitions and
Contract Management (OACM), Peace
Corps.
ACTION: Notice of Public Availability of
FY 2012 Service Contract Inventories.
AGENCY:
In accordance with Section
743 of Division C of the Consolidated
Appropriations Act of 2010 (Pub. L.
111–117), the Office of Acquisitions and
Contract Management is publishing this
notice to advise the public of the
availability of the FY 2012 Service
Contract inventory. This inventory
provides information on service contract
actions over $25,000 that were made in
FY 2012. The information is organized
by function to show how contracted
resources are distributed throughout the
agency. The inventory has been
developed in accordance with guidance
issued on November 5, 2010 by the
Office of Management and Budget’s
Office of Federal Procurement Policy
(OFPP). OFPP’s guidance is available at
https://www.whitehouse.gov/sites/
default/files/omb/procurement/memo/
servicecontract-inventories-guidance11052010.pdf. The Office of
Acquisitions and Contract Management
has posted its inventory and a summary
of the inventory on the Peace Corps
homepage at the following link: https://
www.peacecorps.gov/open/documents/.
FOR FURTHER INFORMATION CONTACT:
Questions regarding the service contract
inventory should be directed to Sandra
R. Harrell in the Office of Acquisitions
SUMMARY:
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[FR Doc. 2013–03985 Filed 2–20–13; 8:45 am]
U.S. Office of Personnel
Management (OPM).
ACTION: Notice.
BILLING CODE 7036–01–P
14:47 Feb 20, 2013
Dated: February 12, 2013.
Sandra R. Harrell,
Chief of Procurement Policy, Office of
Acquisitions and Contract Management.
AGENCY:
[FR Doc. 2013–03920 Filed 2–20–13; 8:45 am]
VerDate Mar<15>2010
and Contract Management/Procurement
Policy at 202–692–1107 or
sharrell@peacecorps.gov.
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invites interested persons to comment
on this proposed policy by submitting
written comments. OPM will consider
all comments received on or before the
closing date for comments and may
change the proposed policy based on
the comments received.
Under OPM’s proposed policy, OPM
will follow FAR Subpart 9.4. OPM’s
Contracting Policy 9.4 states that it is
OPM’s policy to follow the FAR, and
OPM 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. To
make clear that FAR Subpart 9.4
applies, OPM has developed its
Contracting Policy to formally and
explicitly adopt FAR Subpart 9.4.
Except as provided in FAR Subpart
9.4, OPM will not solicit offers from,
award contracts to, or consent to
subcontracts with contractors who are
listed on the Excluded Parties List
System on the System for Award
Management (SAM/EPLS), which is
maintained by the General Services
Administration. Further, if OPM debars,
proposes for debarment, or suspends a
contractor, OPM will, consistent with
FAR Subpart 9.4, list that contractor in
the SAM/EPLS. Consistent with FAR
9.405–1, OPM may continue an existing
contract with a contractor despite the
fact that the contractor has subsequently
been debarred, proposed for debarment,
or suspended if it is determined in the
best interest of the Government to do so.
Consistent with the definitions of
‘‘debarring official’’ and ‘‘suspending
official’’ contained at FAR 9.403, the
Director, as the head of OPM, will serve
as the debarring official and suspending
official (hereinafter, debarment/
suspension official). The Director may
designate another OPM official to serve
as the debarment/suspension official.
The Director or other designated
Debarment Official 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.
OPM’s Contracting Policy Office
(CPO), which is responsible for the
majority of OPM’s contracting activities,
will be designated as the OPM unit with
primary responsibility for investigating
and referring potential debarment and
suspension actions to the debarment/
suspension official for his or her
consideration. OPM’s procurement
activities are largely centralized in CPO,
E:\FR\FM\21FEN1.SGM
21FEN1
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Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Notices
which is staffed by contracting officers
and other acquisition professionals. As
such, CPO 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, CPO is the first
point of contact for Office of Inspector
General (OIG) personnel and
Contracting Officer’s Representatives,
who have direct knowledge of any
problems with contractor conduct and/
or performance. Thus, individuals—
including OPM employees and members
of the public—who believe that there
may be grounds to debar or suspend a
contractor should contact CPO and
provide them with all relevant
information. Whenever CPO learns of
information that indicates there may be
grounds for debarring or suspending a
contractor, CPO will gather appropriate
information and refer the matter to the
debarment/suspension official if
warranted. All such referrals will
include a recommendation by the OPM
Suspension and Debarment Committee
(SDC) as to a proposed course of action.
Likewise, CPO will have responsibility
for recommending to the Director or
other designated Debarment Official
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 OPM’s
procurement process, CPO, in
consultation with OPM’s Office of
General Counsel, will also be
responsible for establishing written
procedures that address the key aspects
of OPM’s debarment/suspension
program.
Accordingly, the OPM proposes to
adopt the following policy and
incorporate it into its contracting
policies:
OPM will follow the policies and
procedures contained at FAR Subpart
9.4—Debarment, Suspension, and
Ineligibility. OPM will not solicit offers
from, award contracts to, or consent to
subcontracts with contractors who are
listed on the Excluded Parties List
(SAM/EPLS), except as otherwise
provided for in FAR Subpart 9.4. OPM
will report to the SAM/EPLS any
contractor OPM debars, suspends, or
proposes for debarment. Such action
will have Government-wide reciprocity.
Notwithstanding the debarment,
suspension, or proposed debarment of a
contractor, OPM may continue contracts
or subcontracts in existence at the time
the contractor was debarred, suspended,
or proposed for debarment, unless the
VerDate Mar<15>2010
14:47 Feb 20, 2013
Jkt 229001
Director or other designated Debarment
Official directs otherwise.
The Director or a designee will serve
as the debarring official and suspending
official (debarment/suspension official).
The Director or designee will also
decide (1) whether to solicit offers from,
award contracts to, or consent to
subcontracts with contractors who have
been debarred, suspended, or proposed
for debarment, and (2) whether to
terminate a current contract or
subcontract in existence at the time the
contractor was debarred, suspended, or
proposed for debarment.
CPO will have primary responsibility
for investigating and submitting
potential debarment/suspension actions
to the SDC, which will have the
responsibility for reviewing and
referring 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 OPM should contact
CPO and provide them with all relevant
information.
CPO, in conjunction with the SDC,
will also have responsibility for
recommending to the Director or
designee 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, CPO 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 SDC as to a
proposed course of action;
(2) The debarment decision-making
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 decision-making
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
presentation, information and argument
in opposition to the suspension;
(4) Recommending to the Director or
designee whether or not to solicit offers
from, award contracts to, or consent to
subcontracts with a contractor who is
PO 00000
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Fmt 4703
Sfmt 4703
12107
debarred, suspended, or proposed for
debarment; and
(5) Recommending to the Director or
designee whether or not to continue
current contracts with a contractor or
subcontractor who is debarred,
suspended, or proposed for debarment.
OPM’s Office of General Counsel will
review for legal sufficiency:
(1) Referrals by CPO and SDC to the
debarment/suspension official;
(2) Recommendations by CPO to the
Director or designee that OPM solicit
offers from, award contracts to, or
consent to subcontracts with a
contractor who is listed in the SAM/
EPLS as debarred, suspended, or
proposed for debarment;
(3) Recommendations by CPO and
SDC to the Director or designee 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.
U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2013–03962 Filed 2–20–13; 8:45 am]
BILLING CODE 6325–39–P
OFFICE OF PERSONNEL
MANAGEMENT
Hispanic Council on Federal
Employment
Office of Personnel
Management.
ACTION: Scheduling of Council Meetings.
AGENCY:
The Hispanic Council on
Federal Employment will hold its 2013
Council meetings on the dates and
location shown below. The Council is
an advisory committee composed of
representatives from Hispanic
organizations and senior government
officials. Along with its other
responsibilities, the Council shall advise
the Director of the Office of Personnel
Management on matters involving the
recruitment, hiring, and advancement of
Hispanics in the Federal workforce. The
Council is co-chaired by the Chief of
Staff of the Office of Personnel
Management and the Chair of the
National Hispanic Leadership Agenda
(NHLA).
The meeting is open to the public.
Please contact the Office of Personnel
Management at the address shown
below if you wish to present material to
the Council at any of the meetings. The
SUMMARY:
E:\FR\FM\21FEN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Notices]
[Pages 12106-12107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03962]
=======================================================================
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OFFICE OF PERSONNEL MANAGEMENT
Debarment, Suspension, and Ineligibility of Contractors
AGENCY: U.S. Office of Personnel Management (OPM).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management (OPM) 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 an
executive agency, OPM follows the FAR as appropriate and applicable. As
OPM's procurement rules are not contained in the Code of Federal
Regulations, these new rules will be contained in an internal OPM
document referred to as ``Contracting Policy No. 9.4: OPM Suspension
and Debarment Program'' (hereinafter, OPM's contracting policy). As
such, the proposed policy regarding debarment and suspension will be
added to OPM's contracting policies. 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 OPM. As such, OPM is providing interested
persons an opportunity for notice and comment on this proposed policy.
DATES: Comments must be received on or before March 25, 2013.
OPM will publish the effective date of the proposed policy when
responding to comments in a future notice.
ADDRESSES: Address all comments concerning this proposed policy to:
U.S. Office of Personnel Management, Contracting; Attention:
Contracting Policy, 1900 E Street NW., Washington, DC 20415; or email
patricia.broome@opm.gov.
FOR FURTHER INFORMATION CONTACT: Patricia W. Broome, Director,
Contracting Policy, 202-606-2952.
SUPPLEMENTARY INFORMATION: OPM is required by law to seek comments
before issuing a policy that has general applicability and legal
effect. OPM invites interested persons to comment on this proposed
policy by submitting written comments. OPM will consider all comments
received on or before the closing date for comments and may change the
proposed policy based on the comments received.
Under OPM's proposed policy, OPM will follow FAR Subpart 9.4. OPM's
Contracting Policy 9.4 states that it is OPM's policy to follow the
FAR, and OPM 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. To make
clear that FAR Subpart 9.4 applies, OPM has developed its Contracting
Policy to formally and explicitly adopt FAR Subpart 9.4.
Except as provided in FAR Subpart 9.4, OPM will not solicit offers
from, award contracts to, or consent to subcontracts with contractors
who are listed on the Excluded Parties List System on the System for
Award Management (SAM/EPLS), which is maintained by the General
Services Administration. Further, if OPM debars, proposes for
debarment, or suspends a contractor, OPM will, consistent with FAR
Subpart 9.4, list that contractor in the SAM/EPLS. Consistent with FAR
9.405-1, OPM may continue an existing contract with a contractor
despite the fact that the contractor has subsequently been debarred,
proposed for debarment, or suspended if it is determined in the best
interest of the Government to do so.
Consistent with the definitions of ``debarring official'' and
``suspending official'' contained at FAR 9.403, the Director, as the
head of OPM, will serve as the debarring official and suspending
official (hereinafter, debarment/suspension official). The Director may
designate another OPM official to serve as the debarment/suspension
official. The Director or other designated Debarment Official 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.
OPM's Contracting Policy Office (CPO), which is responsible for the
majority of OPM's contracting activities, will be designated as the OPM
unit with primary responsibility for investigating and referring
potential debarment and suspension actions to the debarment/suspension
official for his or her consideration. OPM's procurement activities are
largely centralized in CPO,
[[Page 12107]]
which is staffed by contracting officers and other acquisition
professionals. As such, CPO 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, CPO is the first point of contact for Office of
Inspector General (OIG) personnel and Contracting Officer's
Representatives, who have direct knowledge of any problems with
contractor conduct and/or performance. Thus, individuals--including OPM
employees and members of the public--who believe that there may be
grounds to debar or suspend a contractor should contact CPO and provide
them with all relevant information. Whenever CPO learns of information
that indicates there may be grounds for debarring or suspending a
contractor, CPO will gather appropriate information and refer the
matter to the debarment/suspension official if warranted. All such
referrals will include a recommendation by the OPM Suspension and
Debarment Committee (SDC) as to a proposed course of action. Likewise,
CPO will have responsibility for recommending to the Director or other
designated Debarment Official 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 OPM's procurement process, CPO, in
consultation with OPM's Office of General Counsel, will also be
responsible for establishing written procedures that address the key
aspects of OPM's debarment/suspension program.
Accordingly, the OPM proposes to adopt the following policy and
incorporate it into its contracting policies:
OPM will follow the policies and procedures contained at FAR
Subpart 9.4--Debarment, Suspension, and Ineligibility. OPM will not
solicit offers from, award contracts to, or consent to subcontracts
with contractors who are listed on the Excluded Parties List (SAM/
EPLS), except as otherwise provided for in FAR Subpart 9.4. OPM will
report to the SAM/EPLS any contractor OPM debars, suspends, or proposes
for debarment. Such action will have Government-wide reciprocity.
Notwithstanding the debarment, suspension, or proposed debarment of a
contractor, OPM may continue contracts or subcontracts in existence at
the time the contractor was debarred, suspended, or proposed for
debarment, unless the Director or other designated Debarment Official
directs otherwise.
The Director or a designee will serve as the debarring official and
suspending official (debarment/suspension official). The Director or
designee will also decide (1) whether to solicit offers from, award
contracts to, or consent to subcontracts with contractors who have been
debarred, suspended, or proposed for debarment, and (2) whether to
terminate a current contract or subcontract in existence at the time
the contractor was debarred, suspended, or proposed for debarment.
CPO will have primary responsibility for investigating and
submitting potential debarment/suspension actions to the SDC, which
will have the responsibility for reviewing and referring 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 OPM should contact CPO and provide them
with all relevant information.
CPO, in conjunction with the SDC, will also have responsibility for
recommending to the Director or designee 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, CPO 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 SDC as to a proposed course of action;
(2) The debarment decision-making 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 decision-making 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 presentation, information and argument in
opposition to the suspension;
(4) Recommending to the Director or designee whether or not to
solicit offers from, award contracts to, or consent to subcontracts
with a contractor who is debarred, suspended, or proposed for
debarment; and
(5) Recommending to the Director or designee whether or not to
continue current contracts with a contractor or subcontractor who is
debarred, suspended, or proposed for debarment.
OPM's Office of General Counsel will review for legal sufficiency:
(1) Referrals by CPO and SDC to the debarment/suspension official;
(2) Recommendations by CPO to the Director or designee that OPM
solicit offers from, award contracts to, or consent to subcontracts
with a contractor who is listed in the SAM/EPLS as debarred, suspended,
or proposed for debarment;
(3) Recommendations by CPO and SDC to the Director or designee 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.
U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2013-03962 Filed 2-20-13; 8:45 am]
BILLING CODE 6325-39-P
