(a) Investigation and referral. Whenever a DOL employee knows of a cause for suspension, as listed in FAR 9.407–2, the appropriate HCA affected must be notified. The HCA must consult with the Office of the Solicitor and the Office of the Inspector
General, as appropriate, and submit a formal recommendation documenting the cause
for suspension, to the Senior Procurement Executive.
(b) Notice of suspension. Based upon review of the recommendation to suspend and consultation with the Office
of the Solicitor and the Office of the Inspector General, as required, the Senior
Procurement Executive will initiate suspension by taking the actions listed in FAR 9.407–3(c) and advising the contractor of DOL's rules under this subpart.
(c) Fact-finding proceedings. For actions listed under FAR 9.407–3(b)(2), the Senior Procurement Executive must afford the contractor the opportunity to appear
at informal proceedings, as required by FAR 9.407–3(b)(2)(i). Either party may call witnesses. The proceedings must be conducted expeditiously and in such a manner that each party
will have a full opportunity to present all information considered pertinent to the
(d) Suspension decisions. The Senior Procurement Executive must make a final decision on suspension as prescribed
in FAR 9.407–3(d). Notice of the decision must be provided to the contractor and any affiliates involved,
in accordance with the provisions in FAR 9.407–3(d)(4).
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