§9-1.500 Scope of subpart.

Subpart 9-1.5 Contingent Fees

This subpart prescribes the use by DOE of the “covenant against contingent fees” and sets forth the policies in regard to DOE procurement.

$9-1.501 Applicability.

The policies and requirements of FPR Subpart 1-1.5 shall be applied to all DOE procurement activities.

§9-1.507 Use of Standard Form 119.

$9-1.507-1 Form prescribed.

Each Standard Form 119 completed in connection with a DOE contract, together with other relevant information, shall be reviewed by Counsel prior to the initiation of appropriate action. An information copy of each such form, together with a record of action taken, shall be forwarded to the Senior Procurement Official, Headquarters.

Subpart 9-1.6 Debarred, Suspended, and Ineligible Bidders

$9-1.600 Scope of subpart.

This subpart implements and supplements the policies and procedures set forth in FPR Subpart 1-1.6 relating to the debarment, suspension, or ineligibility of bidders for any cause.

§9-1.602 Establishment and maintenance of a list of concerns or individuals debarred, suspended, or declared ineligible.

The Senior Procurement Official, Headquarters, shall establish and maintain a list of firms or individuals debarred, suspended, or declared ineligible for contracts with DOE and with DOE contractors holding cost-reimbursement type contracts. This list shall be designated as the DOE Consolidated List of Debarred, Ineligible, and Suspended Contractors and its use by all DOE procuring activities is mandatory. The Senior Procurement Official, Headquarters, shall periodically publish this list and distribute it to DOE Contracting Officers.

§9-1.602-1 Bases for entry on debarred, suspended, or ineligible list.

The Senior Procurement Official, Headquarters, shall place all firms and individuals within the categories specified in FPR 1-1.602-1 and 1-1.604 on the DOE Consolidated List of Debarred, Ineligible, and Suspended Contractors as soon as determination is made of debarment, ineligibility, or suspension. DOE debarments under FPR 1-1.604 are subject to the procedural requirements in §9-1.606.

§9-1.603 Treatment to be accorded firms or individuals in debarred, suspended, or ineligible status.

The Senior Procurement Official, Headquarters, or designee, may determine, pursuant to FPR 1-1.603(a), that an exception is essential to the public interest for a specific procurement action only. Such action shall be documented to reflect the determination and the justification therefor.

§9-1.606 Agency procedure.

§9-1.606-1 DOE procedural requirements.

This section establishes DOE internal procedures for giving effect to FPR Subpart 1–1.6 as required by FPR 1-1.606.

§9-1.606-50 Reporting procedures.

Heads of Procuring Activities, or designees, are responsible for reporting any evidence of offenses or irregularities which may be grounds for debarment, ineligibility or suspension. The report shall be made to the Senior Procurement Official, Headquarters. The report shall contain a full statement of facts, and shall be supported by appropriate exhibits. If all necessary information is not readily available, a preliminary report shall be forwarded to be followed as soon as practicable by a completely documented report.

89-1.606-51 Collection of information and investigation.

The Senior Procurement Official, Headquarters, shall collect and evaluate information to determine whether an alleged offense or irregularity warrants the initiation of a debarment proceeding and may request an investigation.

§9-1.606-52 Initiation of action.

The Senior Procurement Official, Headquarters, with the concurrence of Counsel and after consultation with appropriate offices, shall determine whether causes and conditions exist to initiate a debarment action or to issue a notice of suspension.

§9-1.606-53 Notice of proposed debarment.

(a) The Senior Procurement Official, Headquarters, shall initiate a debarment proceeding by sending a notice of proposed debarment by registered mail (return receipt requested) to the firm or individual proposed for debarment.

(b) A notice of proposed debarment will:

(1) Concisely state the facts on which the proposed debarment is predicated.

(2) Specify the period of the proposed debarment.

(3) Inform the firm or individual of the action which DOE may take in the event a low bid or proposal is received from the firm or individual before the proposed debarment is finally determined.

(4) Inform the firm or individual of its right, within 20 days of the date of the notice of the proposed debarment, or such other time as may be specified in the notice, to request a hearing.

(5) Provide that the firm or individual may submit a written reply to the notice of proposed debarment within 20 days of its date, or such other time as may be specified in the notice. It shall further explain:

(i) That the reply shall set forth the facts on which the firm or individual intends to rely in contesting the Government's claim; and

(ii) That if a hearing is desired by the firm or individual, it must be specifically request

ed.

(6) Inform the firm or individual that if no reply or request for hearing is received within the time specified in the notice of proposed debarment, that the right to a debarment hearing shall be forfeited as of the date specified in the notice.

§9-1.606-54 Hearing.

A hearing, if requested, shall be conducted before the DOE Board of Contract Appeals. (See 10 CFR 703.117, "Hearings") The Board of Contract Appeals has the final agency authority to decide debarment cases provided that a hearing has been requested as provided in the notice.

§9-1.606-55 Final debarment determination after forfeiture of the right to be heard.

(a) If the Senior Procurement Official, Headquarters, on the basis of an analysis of all information, determines that the proposed debarment is not warranted, that official shall notify, in writing, the firm or individual concerned within 40 days after the notice of proposed debarment.

(b) If the Senior Procurement Official, Headquarters, on the basis of an analysis of all information, determines that the proposed debarment is warranted, that official shall transmit the recommendation for debarment, and all information on which such recommendation is based, to the head of the agency or designee. If the head of the agency or designee determines in writing to debar, the Senior Procurement Official, Headquarters, shall notify, in writing, the firm or individual within 40 days after the notice of proposed debarment. The determination shall accompany the notice confirming the proposed debarment. The notice confirming the proposed debarment shall state the effective date and the period of the debarment. The period of the debarment shall be no greater than that specified in the notice of proposed debarment.

§9-1.606-56 Notice of final debarment determination.

(a) The Senior Procurement Official, Headquarters, shall promptly notify all Senior Program Officials and Heads of Procuring Activities of all debarment actions taken pursuant to this subpart.

(b) The Senior Procurement Official, Headquarters, shall notify the General Services Administration of the names of all firms or individuals placed on or removed from the DOE list.