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record, including any response to the notification of the proposal to debar. If a suspension is not already in effect, the decision shall be made within 30 working days after receipt of information or argument submitted in response to the proposed debarment notification. This decision time requirement may be extended by the Executive Director for good cause.

(2) For proposed debarment actions which are not based upon a conviction, judgment, or debarment by another agency based on policies and procedures in effect prior to August 30, 1982, if the Executive Director determines that the contractor's response to the proposed debarment raises a genuine dispute over facts material to the proposed debarment, fact-finding shall be conducted. The Executive Director shall ensure that such fact-finding shall: (i) Afford the contractor an opportunity to appear with counsel, submit documentary evidence, present witnesses, and confront any person presented by the Department, and (ii) include a transcribing of the fact-finding discussions which shall be made available at cost to the contractor upon request, unless the contractor and the Department mutually agree to waive the requirement for a transcript. The Executive Director shall also ensure that written findings of fact are prepared, and shall base his debarment decision on the facts as found, after considering information and argument submitted by the contractor and any other information in the administrative record.

(A) The Executive Director may refer debarment matters involving disputed material facts to another official for findings of fact. The Executive Director may reject any such findings, in whole or in part, only after specifically determining them to be arbitrary and capricious or clearly erroneous.

(B) Fact-finding meetings shall be conducted as soon as practicable after a determination that there is a genuine dispute over material facts. The Executive Director's final debarment decision shall be made within 30 working days (unless extended for good cause) after the conclusion of the fact

finding meetings held to discuss disputed facts.

(C) The Office of the Assistant General Counsel for Administration shall represent the Department at any factfinding proceedings under this paragraph (d)(2), and may present witnesses for the Department and may confront any witnesses presented by the contractor.

(3) In any action in which the proposed debarment is not based upon a conviction, civil judgment or debarment by another agency, the cause for debarment must be established by a preponderance of the evidence.

(e) Notice of debarring official's decision. (1) A decision to impose debarment also requires prompt notice (within 5 working days after the decision is made) by the Executive Director to the contractor and any affiliates involved by certified mail, return receipt requested. This notice shall contain the elements identified in § 11.605-3(e)(1) of the Temporary Regulation which is incorporated into this subpart.

(2) If the decision is not to impose debarment, the Executive Director shall promptly (again, within 5 working days) notify the contractor and any affiliates involved of the decision by certified mail, return receipt requested.

(3) Prompt notice of the debarment decision should additionally be made to the procurement activity which initiated the debarment action.

§ 13-1.605-4 Period of debarment.

At the time a decision is made to impose debarment, the Executive Director shall also determine the period of debarment. This period shall be commensurate with the seriousness of the cause, but generally should not exceed 3 years. If suspension precedes debarment, the suspension period shall be considered in determining the debarment period. Additional guidance regarding extension or termination of the debarment period is contained in § 1-1.605-4 of Temporary Regulation 65 which is incorporated into this subpart.

§ 13-1.605-5 Imputed conduct.

Refer to § 1-1.605-5 of the Temporary Regulation, which is incorporated into this subpart, for an explanation as to the extent to which: improper acts of individuals may be imputed to the contractor (including affiliates and subsidiaries), improper acts of a contractor may be imputed to individuals, and the improper acts of a joint venture may be imputed to participating contractors.

§ 13-1.606 Suspension.

§ 13-1.606-1 General.

Section 1-1.606-1 of Temporary Regulation 65, which is incorporated into this subpart, refers to the suspending official; references the causes for suspension; discusses the information to be considered in determining whether suspension is appropriate and the scope of the suspension; and advises that a contractor's suspension is effective throughout the executive branch of the Government, unless the head of the agency taking the procurement action, or an authorized representative, states in writing the compelling reasons justifying continued business dealings between that agency and the contractor. Within DOC, the Executive Director is designated as the suspending official and the authorized representative for determining whether there are compelling reasons justifying continued business dealings with a suspended contractor.

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Any preliminary determination for recommending suspension should also consider the information presented in § 1-1.606-1 (b) and (c) of the Temporary Regulation which are also incorporated into this subpart.

(b) Decision-making process. (1) The procedures to be followed in the suspension decision-making process are again similar to those for debarment, as contained in § 13-1.605-3(b). One major difference between the processes is that an initial decision by the Executive Director regarding debarment results in a proposal to debar, whereas the initial decision for suspension purposes results in immediate suspension.

(2) In actions not based on an indictment, or actions based on a suspension by another agency based on policies and procedures in effect prior to August 30, 1982, if the Executive Director determines that the contractor's submission in opposition (refer to § 13–1.606–3(c)) raises a dispute over facts material to the suspension, and if the Department of Justice or a state prosecuting official advises that substantial interests of the Government in pending or contemplated legal proceedings, based on the same facts as the suspension, would not be prejudiced, fact-finding shall be conducted. Where the advice of the Department of Justice or state prosecuting officials is to be solicited, requests shall be made through the Department's Assistant General Counsel for Administration. Fact-finding shall be conducted in accordance with the procedures contained in § 13-1.605-3(d)(2).

(c) Notice of suspension. When the Executive Director decides to impose suspension of a firm or individual, the Executive Director shall immediately notify the contractor or person and affected affiliates by certified mail, return receipt requested. The notice shall contain the information included in § 1-1.606-3(c) of the Temporary Regulation which is incorporated into this subpart. The information includes advising the contractor that it has 30 days after receipt of the notice to submit information and argument in opposition to the suspension, and that fact-finding to determine disputed material facts will be conducted unless the action is based on an indictment or

another agency's suspension based on policies and procedures in effect prior to August 30, 1982, or that substantial interests of the Government or a state in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced. The initiating procurement activity shall also be promptly notified of the suspension decision.

(d) Suspending official's decision. (1) In actions: (i) Based on an indictment or a suspension by another agency based on policies and procedures in effect prior to August 30, 1982; (ii) in which the contractor's submission in response to the suspension notice does not raise a dispute over material facts; or (iii) in which fact-finding to determine disputed material facts has been denied on the basis of the advice of the Department of Justice or a state prosecuting official, the Executive Director's decision shall consider the information in the administrative record, including any submission made by the contractor. The decision shall be made within 30 working days after receipt of information or argument submitted in response to the notice of suspension, unless extended for good cause by the Executive Director.

(2) In actions in which fact-finding is determined appropriate, the Executive Director shall ensure that a fact-finding meeting is held and that written findings of fact are prepared. The Executive Director shall base the decision of continuing suspension on the facts as found, together with any information and argument submitted by the contractor and any other information in the administrative record.

(i) The Executive Director may refer suspension matters involving disputed material facts to another official for findings of fact. The Executive Director may reject any such findings, in whole or in part, only after specifically determining them to be arbitrary and capricious or clearly erroneous.

(ii) Fact-finding meetings shall be conducted as soon as practicable after a determination is made that such meetings are appropriate. The Executive Director shall make the ultimate decision to continue or discontinue imposition of suspension within 30 work

ing days (unless extended for good cause) after the conclusion of the meetings held to discuss disputed facts.

(iii) The Office of the Assistant General Counsel for Administration shall represent the Department at any factfinding proceedings under this paragraph (d)(2), and may present witnesses for the Department and may confront any witnesses presented by the contractor.

(3) The Executive Director may modify or terminate the initially imposed suspension or leave it in force for the same reasons for terminating or reducing the period or extent of department, (refer to § 1-1.605-4(c) of the Temporary Regulation which is incorporated into this subpart). However, a decision to modify or terminate the suspension shall be without prejudice to the subsequent imposition of suspension by any other agency or the imposition of debarment by any

agency.

(4) After the Executive Director has received and reviewed the contractor's response to the initially imposed suspension, ensured that fact-finding discussions, as appropriate, were held, and made a decision as to the appropriateness of continuing the suspension, he shall promptly notify the contractor of his decision by certified mail, return receipt requested.

§ 13-1.606-4 Period of suspension.

The Executive Director shall establish the period of suspension when he determines that continuation of the initially imposed suspension is appropriate. Suspension shall be for a temporary period pending the completion of investigation and any ensuing legal proceedings, unless sooner terminated by the Executive Director or as provided in § 1-1.606-4 (b) and (c) of the Temporary Regulation which are incorporated into this subpart.

§ 13-1.606-5 Scope of suspension.

The scope of suspension shall be the same as that for debarment, (see §11.605-5 of the Temporary Regulation which is incorporated into this subpart).

§ 13-1.607 Agency procedures.

The Executive Director is responsible for complying with the provisions of Temporary Regulations 65 and this subpart. Coordination with the Office of Procurement Services, Office of General Counsel, Office of Inspector General and the Office of Security and Investigations shall be made as deemed appropriate.

PART 13-2-[RESERVED]

PART 13-3-PROCUREMENT BY NEGOTIATION

Subpart 13-3.8-Price Negotiation Policies and Techniques

§ 13-3.805-50 Evaluation procedures—use of the Source Selection Advisory Boards System.

(a) The Source Selection Advisory Boards System (SSABS) shall be used by all operating units and Departmental offices for evaluating competitive negotiated procurement proposals when:

(1) The estimated value of the procurement is expected to exceed $1,000,000 or,

(2) The estimated value of the immediate procurement is expected to be less than $1,000,000, but continuing related procurements are foreseeable and the cumulative total may exceed $1,000,000 or,

(3) The estimated value of the procurement is not expected to exceed $1,000,000 but the head of the requisitioning office or activity, either independently or at the request of the contracting officer, determines in writing that SSABS processing is desirable and would be cost effective. Such written determinations shall be forwarded to the cognizant contracting officer for inclusion in the official procurement file.

(b) Procurements which are formally advertised or noncompetitively negotiated and procurements for Architect-Engineer Services are specifically excluded from consideration for SSABS Action.

(c) The detailed operating procedures for Source Selection Advisory Boards Systems are contained in De

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§ 13-4.902 Policy.

It is the policy of the Department to invite public interest in its various missions and to encourage submission of innovative ideas and suggestions which will help to improve or enhance any of the Department's activities.

§ 13-4.903 Agency program direction and operation.

Each operating unit and Departmental office should develop policies, procedures and guidelines sufficient to assure implementation of the provisions in this subpart and in 41 CFR Subpart 1-4.9.

§ 13-4.905 Advance guidance.

(a) All Departmental employees should be instructed to welcome and encourage inquiries relative to the Department's missions, needs and methods of operation and to refer inquiries to the program or technical offices concerned with the subject matter of an inquiry. Any inquiry which indicates the possibility of or may lead to procurement action shall be promptly directed to the head of the procuring activity for processing coordination. Employees should be further instructed: (1) To advise inquirers not to submit proposals before communicating with the appropriate control point (see § 13-4.908) and; (2) to immediately forward all unsolicited proposals received to the appropriate control points.

(b) Control Point Officials shall provide a properly completed Department Form CD-330 (Instructions for Submission of Unsolicited Proposals),1 along with a copy of the publication, How to Sell to the Department of Commerce and any additional material prescribed by their operating unit or Departmental office to each inquirer whose inquiry may result in submission of an unsolicited proposal.

§ 13-4.908 Agency points of contact.

Heads of Procuring Activities or their designees shall serve as control

'The Department form CD-330 will not be published as a part of these regulations. However, the original form is on file with the original of this document in the Office of the Federal Register.

points for coordination, receipt and handling of unsolicited proposals. The Director, Office of Procurement and Automatic Data Processing Management is the control point for unsolicited proposals which are of interest to a Departmental office or operating unit that does not have an internal procuring activity and for proposals which are of interest to more than one Departmental office or operating unit.

§ 13-4.909 Receipt, review and evaluation.

(a) Control Point Officials shall acknowledge receipt of unsolicited proposals within ten (10) working days by a letter using the following format: DEAR

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This is to acknowledge receipt of your unsolicited proposal dated and to advise you of the policies of the Department of Commerce for treatment of unsolicited proposals.

The Department encourages submission of ideas, concepts or suggestions which may apply to any Commerce activity. Such submissions often help us to accomplish our various missions more efficiently or effectively.

When ideas are truly original or unique and germane to the missions of the Department, they may cause the Department to enter into a contractual relationship with the submitter. In other cases, where proposals do not contain proprietary information and the Department decides to implement the suggestions contained therein, the Department is free to enter into any resultant contracts by means of normal competitive procurement processes. The Department's acceptance of an unsolicited proposal for evaluation purposes does not imply a promise to pay, a recognition of novelty or originality, nor a promise to restrict the use of information to which the Government would otherwise be entitled.

If your proposal contains information which you or your organization wishes to be used only for evaluation and not disclosed for other purposes, you must specifically identify such data by including the following legend on the title page and by marking each sheet containing restricted data with the legend contained in parentheses below:

USE AND DISCLOSURE OF DATA

This data shall not be disclosed outside the Government and shall not be duplicated, used, or, disclosed in whole or in part for any purpose other than to evaluate the proposal: Provided, That if a contract is awarded to this offeror as a result of or in connection with the submission of this data, the

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