formation in the administrative finding meetings held to discuss disrecord, including any response to the puted facts. notification of the proposal to debar. (C) The Office of the Assistant GenIf a suspension is not already in effect, eral Counsel for Administration shall the decision shall be made within 30 represent the Department at any factworking days after receipt of informa- finding proceedings under this paration or argument submitted in re

graph (d)(2), and may present witsponse to the proposed debarment no nesses for the Department and may tification. This decision time require confront any witnesses presented by ment may be extended by the Execu- the contractor. tive Director for good cause.

(3) In any action in which the pro(2) For proposed debarment actions

posed debarment is not based upon a which are not based upon a conviction,

conviction, civil judgment or debarjudgment, or debarment by another ment by another agency, the cause for agency based on policies and proce

debarment must be established by a dures in effect prior to August 30,

preponderance of the evidence. 1982, if the Executive Director deter

(e) Notice of debarring official's demines that the contractor's response

cision. (1) A decision to impose debarto the proposed debarment raises a

ment also requires prompt notice genuine dispute over facts material to

(within 5 working days after the decithe proposed debarment, fact-finding

sion is made) by the Executive Direcshall be conducted. The Executive Director shall ensure that such fact-find

tor to the contractor and any affiliates ing shall: (i) Afford the contractor an

involved by certified mail, return reopportunity to appear with counsel,

ceipt requested. This notice shall consubmit documentary evidence, present

tain the elements identified in $ 1witnesses, and confront any person

1.605-3(e)(1) of the Temporary Regupresented by the Department, and (ii) lation which is incorporated into this include a transcribing of the fact-find- subpart. ing discussions which shall be made (2) If the decision is not to impose available at cost to the contractor debarment, the Executive Director upon request, unless the contractor shall promptly (again, within 5 workand the Department mutually agree to ing days) notify the contractor and waive the requirement for a transcript. any affiliates involved of the decision The Executive Director shall also by certified mail, return receipt re. ensure that written findings of fact quested. are prepared, and shall base his debar (3) Prompt notice of the debarment ment decision on the facts as found, decision should additionally be made after considering information and ar to the procurement activity which inigument submitted by the contractor

tiated the debarment action. and any other information in the administrative record.

8 13-1.605-4 Period of debarment. (A) The Executive Director may refer debarment matters involving dis

At the time a decision is made to puted material facts to another offi

impose debarment, the Executive Di. cial for findings of fact. The Executive

rector shall also determine the period Director may reject any such findings,

of debarment. This period shall be in whole or in part, only after specifi

commensurate with the seriousness of cally determining them to be arbitrary

the cause, but generally should not and capricious or clearly erroneous.

exceed 3 years. If suspension precedes (B) Fact-finding meetings shall be

debarment, the suspension period conducted as soon as practicable after

shall be considered in determining the a determination that there is a genu

debarment period. Additional guidance ine dispute over material facts. The

regarding extension or termination of Executive Director's final debarment

the debarment period is contained in decision shall be made within 30 work. 1-1.605-4 of Temporary Regulation ing days (unless extended for good 65 which is incorporated into this subcause) after the conclusion of the fact. part.

$ 13-1.605–5 Imputed conduct.

Any preliminary determination for Refer to § 1-1.605-5 of the Tempo

recommending suspension should also

consider the information presented in rary Regulation, which is incorporated into this subpart, for an explanation

§ 1-1.606-1 (b) and (c) of the Tempoas to the extent to which: improper

rary Regulation which are also incorof individuals may be imputed to porated into this subpart. the contractor (including affiliates and

(b) Decision-making process. (1) The subsidiaries), improper acts of a con

procedures to be followed in the sustractor may be imputed to individuals,

pension decision-making process are and the improper acts of a joint ven again similar to those for debarment, ture may be imputed to participating

as contained in § 13-1.605-3(b). One contractors.

major difference between the process

es is that an initial decision by the Ex§ 13-1.606 Suspension.

ecutive Director regarding debarment

results in a proposal to debar, whereas $ 13-1.606-1 General.

the initial decision for suspension purSection 1-1.606-1 of Temporary Reg. poses results in immediate suspension. ulation 65, which is incorporated into (2) In actions not based on an indictthis subpart, refers to the suspending ment, or actions based on a suspension official; references the causes for sus- by another agency based on policies pension; discusses the information to and procedures in effect prior to be considered in determining whether August 30, 1982, if the Executive Disuspension is appropriate and the rector determines that the contracscope of the suspension; and advises tor's submission in opposition (refer to that a contractor's suspension is effec- $ 13-1.606-3(c)) raises a dispute over tive throughout the executive branch facts material to the suspension, and if of the Government, unless the head of the Department of Justice or a state the agency taking the procurement prosecuting official advises that subaction, or an authorized representa- stantial interests of the Government tive, states in writing the compelling in pending or contemplated legal proreasons justifying continued business ceedings, based on the same facts as dealings between that agency and the the suspension, would not be prejucontractor. Within DOC, the Execu diced, fact-finding shall be conducted. tive Director is designated as the sus Where the advice of the Department pending official and the authorized of Justice or state prosecuting officials representative for determining wheth is to be solicited, requests shall be er there are compelling reasons justi made through the Department's Asfying continued business dealings with sistant General Counsel for Adminisa suspended contractor.

tration. Fact-finding shall be conduct

ed in accordance with the procedures 8 13-1.606–2 Causes for suspension.

contained in § 13-1.605-3(d)(2). Refer to § 1-1.606-2 of Temporary (c) Notice of suspension. When the Regulation 65 which is incorporated Executive Director decides to impose into this subpart.

suspension of a firm or individual, the

Executive Director shall immediately $ 13-1.606-3 Procedures.

notify the contractor or person and af. (a) Investigation and referral. Any fected affiliates by certified mail, procurement official, based on infor- return receipt requested. The notice mation gained on his own or on recom- shall contain the information included mendations or information gained in § 1-1.606-3(c) of the Temporary from other sources, may recommend Regulation which is incorporated into suspension of a firm or individual for this subpart. The information includes the causes set forth in § 1-1.606-2 of advising the contractor that it has 30 the Temporary Regulation. The proce- days after receipt of the notice to dures to be followed are the same as submit information and argument in those contained in 8 13-1.605-3(a), opposition to the suspension, and that after substituting the word "suspen- fact-finding to determine disputed masion” for “debarment” and the causes terial facts will be conducted unless for suspension instead of debarment. the action is based on an indictment or

HTATHI

another agency's suspension based on ing days (unless extended for good policies and procedures in effect prior cause) after the conclusion of the to August 30, 1982, or that substantial meetings held to discuss disputed interests of the Government or a state facts. in pending or contemplated legal pro- (iii) The Office of the Assistant Genceedings based on the same facts as eral Counsel for Administration shall the suspension would be prejudiced.

represent the Department at any factThe initiating procurement activity

finding proceedings under this parashall also be promptly notified of the

graph (d)(2), and may present witsuspension decision.

nesses for the Department and may (d) Suspending official's decision.

confront any witnesses presented by (1) In actions: (i) Based on an indict

the contractor. ment or a suspension by another

(3) The Executive Director may agency based on policies and proce

modify or terminate the initially imdures in effect prior to August 30,

posed suspension or leave it in force 1982; (ii) in which the contractor's

for the same reasons for terminating submission in response to the suspension notice does not raise a dispute

or reducing the period or extent of de

partment, (refer to § 1-1.605-4(c) of over material facts; or (iii) in which fact-finding to determine disputed ma

the Temporary Regulation which is interial facts has been denied on the

corporated into this subpart). Howevbasis of the advice of the Department

er, a decision to modify or terminate of Justice or a state prosecuting offi

the suspension shall be without prejucial, the Executive Director's decision

dice to the subsequent imposition of shall consider the information in the

suspension by any other agency or the administrative record, including any imposition of debarment by any submission made by the contractor. agency. The decision shall be made within 30 (4) After the Executive Director has working days after receipt of informa received and reviewed the contractor's tion or argument submitted in re- response to the initially imposed sussponse to the notice of suspension, pension, ensured that fact-finding disunless extended for good cause by the cussions, as appropriate, were held, Executive Director.

and made a decision as to the appro(2) In actions in which fact-finding is priateness of continuing the suspendetermined appropriate, the Executive sion, he shall promptly notify the conDirector shall ensure that a fact-find tractor of his decision by certified ing meeting is held and that written mail, return receipt requested. findings of fact are prepared. The Executive Director shall base the deci. & 13-1.606-4 Period of suspension. sion of continuing suspension on the

The Executive Director shall estabfacts as found, together with any in

lish the period of suspension when he formation and argument submitted by

determines that continuation of the the contractor and any other information in the administrative record.

initially imposed suspension is appro

priate. Suspension shall be for a tem(i) The Executive Director may refer suspension matters involving disputed

porary period pending the completion material facts to another official for

of investigation and any ensuing legal findings of fact. The Executive Direc

proceedings, unless sooner terminated tor may reject any such findings, in

by the Executive Director or as provid. whole or in part, only after specifically

ed in § 1-1.606-4 (b) and (c) of the determining them to be arbitrary and

Temporary Regulation which are incapricious or clearly erroneous.

corporated into this subpart. (ii) Fact-finding meetings shall be conducted as soon as practicable after

8 13-1.606-5 Scope of suspension. a determination is made that such The scope of suspension shall be the meetings are appropriate. The Execu same as that for debarment, (see 81tive Director shall make the ultimate 1.605-5 of the Temporary Regulation decision to continue or discontinue im- which is incorporated into this subposition of suspension within 30 work- part).

§ 13-4.902 Policy.

points for coordination, receipt and It is the policy of the Department to

handling of unsolicited proposals. The invite public interest in its various mis

Director, Office of Procurement and sions and to encourage submission of

Automatic Data Processing Manageinnovative ideas and suggestions

ment is the control point for unsolicwhich will help to improve or enhance

ited proposals which are of interest to any of the Department's activities.

a Departmental office or operating

unit that does not have an internal 8 13-4.903 Agency program direction and procuring activity and for proposals operation.

which are of interest to more than one Each operating unit and Departmen

Departmental office or operating unit. tal office should develop policies, pro

§ 13-4.909 Receipt, review and evaluation. cedures and guidelines sufficient to assure implementation of the provi (a) Control Point Officials shall acsions in this subpart and in 41 CFR knowledge receipt of unsolicited proSubpart 1-4.9.

posals within ten (10) working days by

a letter using the following format: § 13-4.905 Advance guidance.

DEAR (a) All Departmental employees This is to acknowledge receipt of your unshould be instructed to welcome and solicited proposal dated -- -, and to encourage inquiries relative to the De- advise you of the policies of the Department partment's missions, needs and meth- of Commerce for treatment of unsolicited ods of operation and to refer inquiries proposals. to the program or technical offices The Department encourages submission concerned with the subject matter of

of ideas, concepts or suggestions which may

apply to any Commerce activity. Such suban inquiry. Any inquiry which indi

missions often help us to accomplish our cates the possibility of or may lead to

various missions more efficiently or effecprocurement action shall be promptly

tively. directed to the head of the procuring When ideas are truly original or unique activity for processing coordination. and germane to the missions of the DepartEmployees should be further instruct- ment, they may cause the Department to ed: (1) To advise inquirers not to enter into a contractual relationship with submit proposals before communicat. the submitter. In other cases, where proposing with the appropriate control point

als do not contain proprietary information (see § 13-4.908) and; (2) to immediately

and the Department decides to implement

the suggestions contained therein, the Deforward all unsolicited proposals re

partment is free to enter into any resultant ceived to the appropriate control contracts by means of normal competitive points.

procurement processes. The Department's (b) Control Point Officials shall pro- acceptance of an unsolicited proposal for vide a properly completed Department evaluation purposes does not imply a promForm CD-330 (Instructions for Sub

ise to pay, a recognition of novelty or origimission of Unsolicited Proposals),

nality, nor a promise to restrict the use of along with a copy of the publication,

information to which the Government How to Sell to the Department of Com

would otherwise be entitled.

If your proposal contains information merce and any additional material pre

which you or your organization wishes to be scribed by their operating unit or De used only for evaluation and not disclosed partmental office to each inquirer for other purposes, you must specifically whose inquiry may result in submis- identify such data by including the followsion of an unsolicited proposal.

ing legend on the title page and by marking

each sheet containing restricted data with 8 13-4.908 Agency points of contact.

the legend contained in parentheses below: Heads of Procuring Activities or

USE AND DISCLOSURE OF DATA their designees shall serve as control

This data shall not be disclosed outside

the Government and shall not be duplicatThe Department form CD-330 will not be ed, used, or, disclosed in whole or in part for published as a part of these regulations. any purpose other than to evaluate the proHowever, the original form is on file with posal: Provided, That if a contract is awardthe original of this document in the Office ed to this offeror as a result of or in connecof the Federal Register.

tion with the submission of this data, the