Department of State Acquisition Regulation, 17121-17123 [2016-06973]

Download as PDF Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Proposed Rules more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Lhorne on DSK5TPTVN1PROD with PROPOSALS F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves establishing a security zone and maybe categorically excluded from further review under paragraph 34(g) of Figure 2–1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist supporting this is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and VerDate Sep<11>2014 14:51 Mar 25, 2016 Jkt 238001 will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: in 33 U.S.C., 1231; 50 U.S.C. 191, 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and Department of Homeland Security Delegation No. 0170.1. ■ 2. Add § 165.155 to read as follows: bottom, within a 500-yard radius of any escorted vessel. (b) Definitions. The following definitions apply to this section: (1) Escorted Vessel. ‘‘Escorted vessel’’ as used in this section means any vessels deemed to be in need of escort protection by the COTP for security reasons. (2) Designated Representative. A ‘‘designated representative’’ is any Coast Guard commissioned, warrant or petty officer of the Coast Guard who has been designated by the COTP to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF–FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. (3) Official Patrol Vessels. ‘‘Official patrol vessels’’ may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP. (c) Regulations. (1) In accordance with the general regulations contained in § 165.33 of this part, entry into or movement within this zone is prohibited unless previously authorized by the COTP, Sector Long Island Sound or his designated representative. (2) All persons and vessels must comply with the instructions of the COTP or the designated representative. (3) No person may swim upon or below the surface of the water of this security zone unless previously authorized by the COTP or his designated representative. (4) Upon being hailed by an official patrol vessel or the designated representative, by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both. Dated: March 8, 2016. E.J. Cubanski, III, Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound. [FR Doc. 2016–06911 Filed 3–25–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF STATE § 165.155 Security Zone, Escorted Vessels, Sector Long Island Sound Captain of the Port Zone. 48 CFR Parts 609 and 649 (a) Location. The following areas are security zones: All navigable waters within the Sector Long Island Sound Captain of the Port (COTP) Zone, extending from the surface to the RIN 1400–AD90 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 17121 [Public Notice: 9479] Department of State Acquisition Regulation AGENCY: E:\FR\FM\28MRP1.SGM Department of State. 28MRP1 17122 ACTION: Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Proposed Rules Proposed rule. The Department of State (DOS) proposes to amend the Department of State Acquisition Regulation (DOSAR) to provide procedural changes relating to the suspension and debarment process. DATES: The Department of State will accept comments on this proposed rule until May 27, 2016. ADDRESSES: You may submit comments by any of the following methods: • E-mail: KosarCM@state.gov. You must include the RIN in the subject line of your message. • Mail (paper, disk, or CD–ROM submissions): Ms. Colleen Kosar, Policy Division, Office of the Procurement Executive, A/OPE, 2201 C Street NW., Suite 1060, State Annex Number 15, Washington, DC 20520. • Persons with access to the Internet may view this proposed rule and submit comments by visiting the regulations.gov Web site at: http:// www.regulations.gov/search/Regs/ home.html#home, and searching for docket number DOS–2016–0012. FOR FURTHER INFORMATION CONTACT: Ms. Colleen Kosar, Policy Division, Office of the Procurement Executive, A/OPE, 2201 C Street NW., Suite 1060, State Annex Number 15, Washington, DC 20520. Telephone 703–516–1685. SUPPLEMENTARY INFORMATION: The purpose of this proposed rule is to update 48 CFR part 609, subpart 609.4, Debarment, Suspension, and Ineligibility and part 649, Termination of Contracts. Primarily, this update simplifies the procedural aspects of the suspension and debarment process, by simplifying the fact-finding process, wherein a single fact-finding official may be used in lieu of a fact-finding panel. Specifically, the proposed rule would: • Amend section 609.403–70 to remove the definition of ‘‘Notice,’’ and revise the definition of ‘‘fact-finding official.’’ • Make an editorial change to section 609.405–1. • Redesignate section 609.405–70 as section 649.101–70. • Amend section 609.406–3(a)(1) to remove references to mandated actions by the Office of the Inspector General (OIG). The OIG is autonomous by statute and not subject to direction from the DOSAR. • Make editorial changes to paragraphs 609.406–3(a)(2), (b)(2) and (c)(2). • Add paragraph 609.406–3(a)(3) to make it clear that the referral file may be supplemented prior to determining whether or not to propose debarment. Lhorne on DSK5TPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 14:51 Mar 25, 2016 Jkt 238001 • Revise paragraphs 609.406–3(b)(3)– (7) to simplify the fact-finding process, wherein a single fact-finding official may be used in lieu of a fact-finding panel and to eliminate specific entitlements and deadlines not required by the FAR. • Amend section 609.406–3(d) and 609.407–3(d) to remove ‘‘and to the General Services Administration in accordance with 609.404.’’ • Amend section 609.407–3(b)(2) to change ‘‘panel’’ to ‘‘official.’’ based companies in domestic and import markets. This determination was based on the fact that the proposed changes are intended to simplify the procedural aspects of the suspension and debarment process. The proposed rule does not place new requirements on contract performance. The proposed rule does not have a significant cost or administrative impact on offerors or contractors. Regulatory Findings Executive Orders (E.O.) 12866 and 13563 direct agencies to assess costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts and equity). E.O. 13563 emphasized the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Department of State does not consider this proposed rule to be an ‘‘economically significant regulatory action’’ under Executive Order 12866. In addition, the Department is exempt from Executive Order 12866 except to the extent that it is promulgating regulations in conjunction with a domestic agency that are significant regulatory actions. The Department has nevertheless reviewed the regulation to ensure its consistency with the regulatory philosophy and principles set forth in the Executive Orders and finds that the benefits of updating this rule outweigh any costs, which the Department assesses to be minimal. Administrative Procedure Act In accordance with the provisions of the Administrative Procedure Act governing rules promulgated by federal agencies that affect the public (5 U.S.C. 552 and 553), the Department is publishing this proposed rule and inviting public comment. Regulatory Flexibility Act The Department of State, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by approving it, certifies that this rule will not have a significant economic impact on a substantial number of small entities. This determination was based on the fact that the changes proposed in this update have no impact on small businesses. The number of small businesses considered for suspension or debarment will not grow or shrink as a result of the proposed changes. The Department analyzed the suspension/ debarment actions that occurred in FY14 and no small businesses were impacted. Unfunded Mandates Act of 1995 This proposed rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This proposed rule is not a major rule as defined by the Small Business Regulatory Enforcement Act of 1996 (5 U.S.C. 801 et seq.). This proposed rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign- PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 Executive Orders 12866 and 13563 Executive Order 13132 This proposed rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, it is determined that this proposed rule does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. Executive Order 13175 The Department has determined that this proposed rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not pre-empt tribal law. Accordingly, the requirements of Executive Order 13175 E:\FR\FM\28MRP1.SGM 28MRP1 Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Proposed Rules do not apply to this proposed rulemaking. Paperwork Reduction Act The proposed rule imposes no new or revised information collections under the Paperwork Reduction Act of 1980 (44 U.S.C. Chapter 35). List of Subjects in 48 CFR Parts 609 and 649 Administrative practice and procedure, Government procurement. For the reasons stated in the preamble, the Department of State proposes to amend 48 CFR chapter 6 as follows: ■ 1. The authority citation for 48 CFR parts 609 and 649 continues to read as follows: Authority: 22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 1. PART 609—CONTRACTOR QUALIFICATIONS 2. Revise section 609.403–70 to read as follows: ■ 609.403–70 DOSAR definitions. Fact-finding official means the individual designated by the debarring official to conduct additional proceedings as necessary concerning disputed material facts. 609.405–1 [Amended] 3. In section 609.405–1, remove ‘‘609.405–70’’ and add in its place ‘‘649.101–70’’. ■ 609.405–70 [Redesignated as 649.101–70 and Amended] 4. Redesignate section 609.405–70 as 649.101–70 and revise the heading of redesignated section 649.101–70 to read as follows: ■ 649.101–70 Termination action decisions after debarment. * * 609.406–3 * * * [Revised] 5. In section 609.406–3, revise paragraphs (a), (b)(2)–(b)(7), (c)(2) and (d), to read as follows: ■ Lhorne on DSK5TPTVN1PROD with PROPOSALS 609.406–3 Procedures. (a) Investigation and referral. (1) DOS employees aware of any cause that might serve as the basis for debarment shall refer those cases through the contracting officer to the debarring official. The debarring official shall refer to the Office of the Inspector General all reported cases that involve possible criminal or fraudulent activities for investigation by that office. (2) Referrals for consideration of debarment shall include, as appropriate and available— VerDate Sep<11>2014 14:51 Mar 25, 2016 Jkt 238001 (i) The cause for debarment (see FAR 9.406–2); (ii) A statement of facts; (iii) Copies of supporting documentary evidence and a list of all necessary or probable witnesses, including addresses and telephone numbers, together with a statement concerning their availability to appear at a fact-finding proceeding and the subject matter of their testimony; (iv) A list of all contractors involved, either as principals or as affiliates, including current or last known home and business addresses and ZIP codes; (v) A statement of the acquisition history with such contractors; (vi) A statement concerning any known pertinent active or potential criminal investigation, criminal or civil court proceedings, or administrative claim before Boards of Contract Appeals; and (vii) A statement from each DOS organizational element affected by the debarment action as to the impact of a debarment on DOS programs. (3) As deemed appropriate, the debarring official may conduct investigations to supplement the information provided in the referral, or may request investigations by the Office of the Inspector General or other Department office. (b) * * * (2) In response to the debarment notice, if the contractor or its representative notifies the debarring official within 30 days after receipt of the notice that it wants to present information and arguments in person to the debarring official, that official, or a designee, shall chair such a meeting. The oral presentation shall be conducted informally and a transcript need not be made. However, the contractor may supplement its oral presentation with written information and arguments for inclusion in the administrative record. (3) Pursuant to FAR 9.406–3(b)(2), the contractor may request a fact-finding proceeding. (4) The debarring official shall designate a fact-finding official and shall provide the fact-finding official with a copy of all documentary evidence considered in proposing debarment. Upon receipt of such material, the fact-finding official shall notify the contractor and schedule a hearing date. (5) In addition to the purposes provided in FAR 9.406–3(b)(2), the hearing is intended to provide the debarring official with findings of fact based on a preponderance of evidence submitted to the fact-finding official and to provide the debarring official with a PO 00000 Frm 00026 Fmt 4702 Sfmt 9990 17123 determination as to whether a cause for debarment exists, based on the facts as found. (6) The fact-finding proceeding shall be conducted in accordance with procedures determined by the factfinding official. The rules shall be as informal as is practicable, consistent with FAR 9.406–3(b). The fact-finding official is responsible for making the transcribed record of the hearing, unless the contractor and the fact-finding official agree to waive the requirement for a transcript. (7) The fact-finding official shall deliver written findings and the transcribed record, if made, to the debarring official. The findings shall resolve any facts in dispute based on a preponderance of the evidence presented and recommend whether a cause for debarment exists. (c) * * * (2) When a determination is made to initiate action, the debarring official shall provide to the contractor and any specifically named affiliates written notice in accordance with FAR 9.406– 3(c). * * * * * (d) Debarring official’s decision. In addition to complying with FAR 9.406– 3(d) and FAR 9.406–3(e), the debarring official shall provide single copies of the decision to each DOS organizational element affected by the decision. 609.407–3 [Amended] 6. In section 609.407–3: ■ a. In paragraph (b)(2), remove the word ‘‘panel’’, and add in its place ‘‘official’’. ■ b. In paragraph (d), remove ‘‘and to the General Services Administration in accordance with 609.404’’. ■ PART 649—TERMINATION OF CONTRACTS 7. In Part 649, add section heading 649.101 to read as follows: ■ 649.101 Authorities and responsibilities. Corey M. Rindner, Procurement Executive, Department of State. [FR Doc. 2016–06973 Filed 3–25–16; 8:45 am] BILLING CODE 4710–24–P E:\FR\FM\28MRP1.SGM 28MRP1

Agencies

[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Proposed Rules]
[Pages 17121-17123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06973]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

48 CFR Parts 609 and 649

[Public Notice: 9479]
RIN 1400-AD90


Department of State Acquisition Regulation

AGENCY: Department of State.

[[Page 17122]]


ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Department of State (DOS) proposes to amend the Department 
of State Acquisition Regulation (DOSAR) to provide procedural changes 
relating to the suspension and debarment process.

DATES: The Department of State will accept comments on this proposed 
rule until May 27, 2016.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: KosarCM@state.gov. You must include the RIN in the 
subject line of your message.
     Mail (paper, disk, or CD-ROM submissions): Ms. Colleen 
Kosar, Policy Division, Office of the Procurement Executive, A/OPE, 
2201 C Street NW., Suite 1060, State Annex Number 15, Washington, DC 
20520.
     Persons with access to the Internet may view this proposed 
rule and submit comments by visiting the regulations.gov Web site at: 
http://www.regulations.gov/search/Regs/home.html#home, and searching 
for docket number DOS-2016-0012.

FOR FURTHER INFORMATION CONTACT: Ms. Colleen Kosar, Policy Division, 
Office of the Procurement Executive, A/OPE, 2201 C Street NW., Suite 
1060, State Annex Number 15, Washington, DC 20520. Telephone 703-516-
1685.

SUPPLEMENTARY INFORMATION: The purpose of this proposed rule is to 
update 48 CFR part 609, subpart 609.4, Debarment, Suspension, and 
Ineligibility and part 649, Termination of Contracts. Primarily, this 
update simplifies the procedural aspects of the suspension and 
debarment process, by simplifying the fact-finding process, wherein a 
single fact-finding official may be used in lieu of a fact-finding 
panel. Specifically, the proposed rule would:
     Amend section 609.403-70 to remove the definition of 
``Notice,'' and revise the definition of ``fact-finding official.''
     Make an editorial change to section 609.405-1.
     Redesignate section 609.405-70 as section 649.101-70.
     Amend section 609.406-3(a)(1) to remove references to 
mandated actions by the Office of the Inspector General (OIG). The OIG 
is autonomous by statute and not subject to direction from the DOSAR.
     Make editorial changes to paragraphs 609.406-3(a)(2), 
(b)(2) and (c)(2).
     Add paragraph 609.406-3(a)(3) to make it clear that the 
referral file may be supplemented prior to determining whether or not 
to propose debarment.
     Revise paragraphs 609.406-3(b)(3)-(7) to simplify the 
fact-finding process, wherein a single fact-finding official may be 
used in lieu of a fact-finding panel and to eliminate specific 
entitlements and deadlines not required by the FAR.
     Amend section 609.406-3(d) and 609.407-3(d) to remove 
``and to the General Services Administration in accordance with 
609.404.''
     Amend section 609.407-3(b)(2) to change ``panel'' to 
``official.''

Regulatory Findings

Administrative Procedure Act

    In accordance with the provisions of the Administrative Procedure 
Act governing rules promulgated by federal agencies that affect the 
public (5 U.S.C. 552 and 553), the Department is publishing this 
proposed rule and inviting public comment.

Regulatory Flexibility Act

    The Department of State, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by 
approving it, certifies that this rule will not have a significant 
economic impact on a substantial number of small entities. This 
determination was based on the fact that the changes proposed in this 
update have no impact on small businesses. The number of small 
businesses considered for suspension or debarment will not grow or 
shrink as a result of the proposed changes. The Department analyzed the 
suspension/debarment actions that occurred in FY14 and no small 
businesses were impacted.

Unfunded Mandates Act of 1995

    This proposed rule will not result in the expenditure by State, 
local, and tribal governments, in the aggregate, or by the private 
sector, of $100 million or more in any year and it will not 
significantly or uniquely affect small governments. Therefore, no 
actions were deemed necessary under the provisions of the Unfunded 
Mandates Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This proposed rule is not a major rule as defined by the Small 
Business Regulatory Enforcement Act of 1996 (5 U.S.C. 801 et seq.). 
This proposed rule will not result in an annual effect on the economy 
of $100 million or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
import markets. This determination was based on the fact that the 
proposed changes are intended to simplify the procedural aspects of the 
suspension and debarment process. The proposed rule does not place new 
requirements on contract performance. The proposed rule does not have a 
significant cost or administrative impact on offerors or contractors.

Executive Orders 12866 and 13563

    Executive Orders (E.O.) 12866 and 13563 direct agencies to assess 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts and equity). E.O. 13563 
emphasized the importance of quantifying both costs and benefits, of 
reducing costs, of harmonizing rules, and of promoting flexibility. The 
Department of State does not consider this proposed rule to be an 
``economically significant regulatory action'' under Executive Order 
12866.
    In addition, the Department is exempt from Executive Order 12866 
except to the extent that it is promulgating regulations in conjunction 
with a domestic agency that are significant regulatory actions. The 
Department has nevertheless reviewed the regulation to ensure its 
consistency with the regulatory philosophy and principles set forth in 
the Executive Orders and finds that the benefits of updating this rule 
outweigh any costs, which the Department assesses to be minimal.

Executive Order 13132

    This proposed rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this proposed rule does 
not have sufficient federalism implications to require consultations or 
warrant the preparation of a federalism summary impact statement.

Executive Order 13175

    The Department has determined that this proposed rulemaking will 
not have tribal implications, will not impose substantial direct 
compliance costs on Indian tribal governments, and will not pre-empt 
tribal law. Accordingly, the requirements of Executive Order 13175

[[Page 17123]]

do not apply to this proposed rulemaking.

Paperwork Reduction Act

    The proposed rule imposes no new or revised information collections 
under the Paperwork Reduction Act of 1980 (44 U.S.C. Chapter 35).

List of Subjects in 48 CFR Parts 609 and 649

    Administrative practice and procedure, Government procurement.

    For the reasons stated in the preamble, the Department of State 
proposes to amend 48 CFR chapter 6 as follows:


0
1. The authority citation for 48 CFR parts 609 and 649 continues to 
read as follows:

    Authority:  22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 
1.

PART 609--CONTRACTOR QUALIFICATIONS

0
2. Revise section 609.403-70 to read as follows:


609.403-70  DOSAR definitions.

    Fact-finding official means the individual designated by the 
debarring official to conduct additional proceedings as necessary 
concerning disputed material facts.


609.405-1  [Amended]

0
3. In section 609.405-1, remove ``609.405-70'' and add in its place 
``649.101-70''.


609.405-70  [Redesignated as 649.101-70 and Amended]

0
4. Redesignate section 609.405-70 as 649.101-70 and revise the heading 
of redesignated section 649.101-70 to read as follows:


649.101-70  Termination action decisions after debarment.

* * * * *


609.406-3  [Revised]

0
5. In section 609.406-3, revise paragraphs (a), (b)(2)-(b)(7), (c)(2) 
and (d), to read as follows:


609.406-3  Procedures.

    (a) Investigation and referral. (1) DOS employees aware of any 
cause that might serve as the basis for debarment shall refer those 
cases through the contracting officer to the debarring official. The 
debarring official shall refer to the Office of the Inspector General 
all reported cases that involve possible criminal or fraudulent 
activities for investigation by that office.
    (2) Referrals for consideration of debarment shall include, as 
appropriate and available--
    (i) The cause for debarment (see FAR 9.406-2);
    (ii) A statement of facts;
    (iii) Copies of supporting documentary evidence and a list of all 
necessary or probable witnesses, including addresses and telephone 
numbers, together with a statement concerning their availability to 
appear at a fact-finding proceeding and the subject matter of their 
testimony;
    (iv) A list of all contractors involved, either as principals or as 
affiliates, including current or last known home and business addresses 
and ZIP codes;
    (v) A statement of the acquisition history with such contractors;
    (vi) A statement concerning any known pertinent active or potential 
criminal investigation, criminal or civil court proceedings, or 
administrative claim before Boards of Contract Appeals; and
    (vii) A statement from each DOS organizational element affected by 
the debarment action as to the impact of a debarment on DOS programs.
    (3) As deemed appropriate, the debarring official may conduct 
investigations to supplement the information provided in the referral, 
or may request investigations by the Office of the Inspector General or 
other Department office.
    (b) * * *
    (2) In response to the debarment notice, if the contractor or its 
representative notifies the debarring official within 30 days after 
receipt of the notice that it wants to present information and 
arguments in person to the debarring official, that official, or a 
designee, shall chair such a meeting. The oral presentation shall be 
conducted informally and a transcript need not be made. However, the 
contractor may supplement its oral presentation with written 
information and arguments for inclusion in the administrative record.
    (3) Pursuant to FAR 9.406-3(b)(2), the contractor may request a 
fact-finding proceeding.
    (4) The debarring official shall designate a fact-finding official 
and shall provide the fact-finding official with a copy of all 
documentary evidence considered in proposing debarment. Upon receipt of 
such material, the fact-finding official shall notify the contractor 
and schedule a hearing date.
    (5) In addition to the purposes provided in FAR 9.406-3(b)(2), the 
hearing is intended to provide the debarring official with findings of 
fact based on a preponderance of evidence submitted to the fact-finding 
official and to provide the debarring official with a determination as 
to whether a cause for debarment exists, based on the facts as found.
    (6) The fact-finding proceeding shall be conducted in accordance 
with procedures determined by the fact-finding official. The rules 
shall be as informal as is practicable, consistent with FAR 9.406-3(b). 
The fact-finding official is responsible for making the transcribed 
record of the hearing, unless the contractor and the fact-finding 
official agree to waive the requirement for a transcript.
    (7) The fact-finding official shall deliver written findings and 
the transcribed record, if made, to the debarring official. The 
findings shall resolve any facts in dispute based on a preponderance of 
the evidence presented and recommend whether a cause for debarment 
exists.
    (c) * * *
    (2) When a determination is made to initiate action, the debarring 
official shall provide to the contractor and any specifically named 
affiliates written notice in accordance with FAR 9.406-3(c).
* * * * *
    (d) Debarring official's decision. In addition to complying with 
FAR 9.406-3(d) and FAR 9.406-3(e), the debarring official shall provide 
single copies of the decision to each DOS organizational element 
affected by the decision.


609.407-3  [Amended]

0
6. In section 609.407-3:
0
a. In paragraph (b)(2), remove the word ``panel'', and add in its place 
``official''.
0
b. In paragraph (d), remove ``and to the General Services 
Administration in accordance with 609.404''.

PART 649--TERMINATION OF CONTRACTS

0
7. In Part 649, add section heading 649.101 to read as follows:


649.101  Authorities and responsibilities.

Corey M. Rindner,
Procurement Executive, Department of State.
[FR Doc. 2016-06973 Filed 3-25-16; 8:45 am]
 BILLING CODE 4710-24-P