# AFARS PART 5109

- Subpart 5109.4 -- Debarment, Suspension, and Ineligibility

- 5109.402 -- Policy.
- 5109.403 -- Definitions.
- 5109.404 – Excluded parties list system.
- 5109.405 -- Effect of listing.

- 5109.405-1 Continuation of Current Contracts.

- 5109.406 Debarment.

- 5109.406-3 -- Procedures.

- 5109.407 -- Suspension.

- 5109.407-3 -- Procedures.

- Subpart 5109.5 – Organizational and Consultant Conflicts of Interests

- 5109.503 – Waiver.

AFARS -- Part 5109
Contractor Qualifications

Subpart 5109.4 -- Debarment, Suspension, and Ineligibility

5109.402 -- Policy.

(d) The Chief, Procurement Fraud Branch, U.S. Army Contract and Fiscal Law Division, U.S. Army Legal Services Agency, Office the Judge Advocate General processes and recommends debarment or suspension action to the debarring or suspension official. [AFARS Revision #21, dated May 22, 2007]

5109.403 -- Definitions.

(S-90) The debarring officials for overseas installations are --

(1) Deputy Judge Advocate, U.S. Army Europe and Seventh Army;
(2) Staff Judge Advocate, U.S. Eighth Army; and
(3) All others: Army Suspension and Debarment Official.

[AFARS Revision #21, dated May 22, 2007]

5109.404 – Excluded parties list system.

(c) (7) The Head of the Contracting Activity (HCA) must establish required procedures within their contracting activities. [AFARS Revision #21, dated May 22, 2007]

5109.405 -- Effect of listing.

(a) If a contracting officer believes that a compelling reason exists to do business with a contractor who has been debarred, suspended, or proposed for debarment, he/she must send a request for a determination to the HCA. If the HCA concurs, the request and concurrence will be sent through the Chief, Procurement Fraud Branch (see 5101.290(b)(8)) to the Army Suspension and Debarment Official (SDO) for a determination. If the Army SDO determines that there is compelling reason for such action, the Army SDO shall provide written notice to the GSA. [AFARS Revision #21, dated May 22, 2007]

(d) (S-90)

(1) Army contracting officers shall review the EPLS prior to solicitation of offers (except when performing this review for those solicitations posted on FEDBIZOPS where it will not be practicable), prior to award of a new contract, prior to placement of a new purchase/task or delivery order, and prior to consent to subcontract.

(2) Army contracting officers shall also review the EPLS prior to exercise of an option or award of any modification that adds new work or extends the duration of the contract or the period of performance.

(ii) The hardcopy or electronic results of the reviews will be placed in the contract file. [AFARS Revision #25, Item VIII, dated April 1, 2010]

5109.405-1 Continuation of Current Contracts.

(a) (S-90) Orders placed under a requirements contract may create a situation in which a contract may be continued notwithstanding the debarment, suspension, or proposed debarment of a contractor. Army contracting officers shall make decisions regarding whether to terminate a contract and the type of contract termination action, if any, only after review by command contracting, technical personnel and by legal counsel to ensure the propriety of the proposed action and compliance with federal law and regulation. [AFARS Revision #25, Item VIII, dated April 1, 2010]

5109.406 Debarment.

5109.406-3 -- Procedures.

(a) Investigation and referral.

When the contracting officer becomes aware of a situation that requires investigation under FAR Subpart 9.4, he/she must contact the local Procurement Fraud Advisor (PFA) who will send a Procurement Flash Report in accordance with paragraph 8-5 of Army Regulation (AR) 27-40 when there is a reasonable suspicion of procurement fraud or irregularity or the procuring agency refers the matter for investigation. The contracting officer must provide information to the PFA for the Procurement Flash Report as required.

(i) Contracting officer reports must be sent through the HCA or designee to the PFA for review. Prompt reporting is essential in all cases which could lead to suspension or debarment of a contractor or to judicial or administrative action against military personnel or civilian employees of the Army.

(ii) The report must include contractor credit and financial information, such as Dunn and Bradstreet reports. When the report recommends suspension or debarment because of contractor fraud or criminal conduct involving a current contract, withhold all funds which become due the contractor on that contract, unless the HCA or the debarring official directs otherwise. Follow the procedures in FAR 32.006-4 when a contractor’s request for advance, partial, or progress payments is based on fraud.

(iii) Distribute reports to the debarring official through the Procurement Fraud Branch (PFB) as follows: Forward the original and one copy through contracting channels to the PFB, and send the second copy directly to the PFB.

[AFARS Revision #21, dated May 22, 2007]

5109.407 -- Suspension.

5109.407-3 -- Procedures.

(a) Investigation and referral.

Prepare and process reports in accordance with 5109.406-3.

Subpart 5109.5 – Organizational and Consultant Conflicts of Interests

5109.503 – Waiver.

Only the HCA can waive the general rule or procedures required by FAR 9.503.