PART 3409--CONTRACTOR QUALIFICATIONS
PART 3409--CONTRACTOR QUALIFICATIONS
Subpart 3409.4--Debarment, Suspension, and Ineligibility
3409.403 Definitions.
3409.406 Debarment.
3409.406-3 Procedures.
Subpart 3409.5--Organizational Conflicts of Interest
3409.502 Applicability.
3409.503 Waiver.
3409.507 Procedures.
3409.570 Offeror certification provision.
AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c).
SOURCE: 53 FR 19120, May 26, 1988, unless otherwise noted.
Subpart 3409.4--Debarment, Suspension, and Ineligibility
The Procurement Executive is designated as the "debarring official" as defined in FAR 9.403 and is designated as the agency official authorized to make the decisions required in FAR 9.405(a), 9.405-1, 9.405-2, 9.406-1(c), and 9.407-1(d).
The debarring official may enter into a settlement with a contractor under which the contractor voluntarily excludes itself from, or restricts its participation in, Government contracting and subcontracting for a specified period.
Subpart 3409.5--Organizational Conflicts of Interest
This subpart applies to all ED contracts except contracts with other Federal agencies. However, this subpart applies to contracts with the Small Business Administration (SBA) under the 8(a) program.
The HCA is designated as the official who may waive any general rule or procedure of FAR Subpart 9.5 or of this subpart.
(a) If the effects of a potential or actual conflict of interest cannot be avoided, neutralized, or mitigated before award, the prospective contractor is not eligible for that award. If a potential or actual conflict of interest is identified after award and the effects cannot be avoided, neutralized, or mitigated, ED terminates the contract.
(b) The Procurement Executive is designated as the official to conduct reviews and make final decisions under FAR 9.507(c)(4).
3409.570 Offeror certification provision.
The contracting officer shall insert the provision in 3452.209-70, Organizational Conflict of Interest, in all solicitations.