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Title 48: Federal Acquisition Regulations System
CHAPTER 2: DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE
SUBCHAPTER B: ACQUISITION PLANNING
PART 209: CONTRACTOR QUALIFICATIONS
Subpart 209.4: Debarment, Suspension, and Ineligibility
209.403 - Definitions.
Debarring and suspending official. (1) For DoD, the designees are?
Army?Commander, U.S. Army Legal Services Agency
Navy?The General Counsel of the Department of the Navy
Air Force?Deputy General Counsel (Contractor Responsibility)
Defense Advanced Research Projects Agency?The Director
Defense Information Systems Agency?The General Counsel
Defense Intelligence Agency?The Senior Procurement Executive
Defense Logistics Agency?The Special Assistant for Contracting Integrity
National Geospatial?Intelligence Agency?The General Counsel
Defense Threat Reduction Agency?The Director
National Security Agency?The Senior Acquisition Executive
Missile Defense Agency?The General Counsel
Overseas installations?as designated by the agency head
(2) Overseas debarring and suspending officials?
(i) Are authorized to debar or suspend contractors located within the official's geographic area of responsibility under any delegation of authority they receive from their agency head.
(ii) Debar or suspend in accordance with the procedures in FAR subpart 9.4 or under modified procedures approved by the agency head based on consideration of the laws or customs of the foreign countries concerned.
(iii) In addition to the bases for debarment in FAR 9.406-2, may consider the following additional bases?
(A) The foreign country concerned determines that a contractor has engaged in bid-rigging, price-fixing, or other anti-competitive behavior; or
(B) The foreign country concerned declares the contractor to be formally debarred, suspended, or otherwise ineligible to contract with that foreign government or its instrumentalities.
(3) The Defense Logistics Agency Special Assistant for Contracting Integrity is the exclusive representative of the Secretary of Defense to suspend and debar contractors from the purchase of Federal personal property under the Federal Property Management Regulations (41 CFR 101-45.6) and the Defense Materiel Disposition Manual (DoD 4160.21-M).
[56 FR 36313, July 31, 1991, as amended at 56 FR 67212, Dec. 30, 1991; 59 FR 27669, May 27, 1994; 60 FR 61593, Nov. 30, 1995; 61 FR 50452, Sept. 26, 1996; 63 FR 11528, Mar. 9, 1998; 64 FR 51075, Sept. 21, 1999; 64 FR 62985, Nov. 18, 1999; 68 FR 7439, Feb. 14, 2003; 70 FR 14573, Mar. 23, 2005; 74 FR 42780, Aug. 25, 2009; 74 FR 52895, Oct. 15, 2009]
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