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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) Notice to source. The FASC shall provide a notice of the FASC's recommendation to any source named in the recommendation.
(b) Content of notice. The notice under paragraph (a) of this section shall advise the source:
(1) That a recommendation has been made;
(2) Of the criteria the FASC relied upon and, to the extent consistent with national security and law enforcement interests, the information that forms the basis for the recommendation;
(3) That, within 30 days after receipt of the notice, the source may submit information in response to the recommendation;
(4) Of the procedures governing the review and possible issuance of an exclusion or removal order; and
(5) Where practicable, in the FASC's sole and unreviewable discretion, a description of the mitigation steps that could be taken by the source that may result in the FASC rescinding the recommendation.
(c) Confidentiality of notice issued to source. U.S. government personnel shall:
(1) Keep confidential and not make available outside of the executive branch, except to the extent required by law, any notice issued to a source under paragraph (b) of this section until an exclusion order or removal order is issued and the source has been notified pursuant to § 201.303(f)(1); and
(2) Keep confidential and not make available outside of the executive branch, except to the extent required by law, any notice issued to a source under paragraph (b) of this section if the FASC rescinds a recommendation or the Secretary of Homeland Security, Secretary of Defense, and Director of National Intelligence, as applicable, decide not to issue the recommended exclusion order and/or removal order.
(d) Confidentiality of information submitted by source. The FASC and its member agencies shall treat information that the source marks as confidential, private, or closely held, when marked by the source as Confidential and Not to be Publicly Shared. The FASC and its member agencies will not disclose such information to the public except to the extent required by law.
Cite this article: FindLaw.com - Code of Federal Regulations Title 41. Public Contracts and Property Management § 41.201.302 Notice of recommendation to source and opportunity to respond - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-41-public-contracts-and-property-management/cfr-sect-41-201-302/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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