SOFARS PART 5609
CONTRACTOR QUALIFICATIONS
SUBPART 5609.1 – Responsible Prospective Contractors
5609.105-1 Obtaining Information
(d)
Contracting office chiefs must insure that SOAL-KM is informed of all investigations being conducted by other agencies, including but not limited to, CID, OSI, and DCIS that affect ongoing USSOCOM contracts. Notification must be made as soon as practical and include as a minimum the contract number, name of contractor, investigating agencies, and the nature of the investigation.
SUBPART 5609.3 - FIRST ARTICLE TESTING AND APPROVAL
5609.306 Solicitation Requirements.
(c)
Insert 5652.209-9000, Proposals for Waiver of First Article, and 5652.209-9001, Evaluation of Offers - Waiver of First Article Test, in solicitations for fixed price contracts when first article testing or approval is required.
SUBPART 5609.4 - DEBARMENT, SUSPENSION, AND INELIGIBILITY
The debarring official for USSOCOM is the Commander, United States Army Legal Services Agency.
5609.404 List of Parties Excluded from Federal Procurement and Non-procurement Programs.
(c)(4)
SOAL-KM shall maintain all records pertaining to debarment actions within the command.
Contracting officers shall consult with legal counsel as soon as a situation requiring investigation under FAR Subpart 9.4 becomes apparent. The legal counsel shall submit a procurement Flash Report in accordance with established procedures when there is a reasonable suspicion of impropriety and refer the matter for investigation. The Contracting Officer shall provide to legal counsel the necessary information for the Procurement Flash Report.
(a) Investigation and referral.
(i)(A)
Prompt reporting is essential in all cases that could lead to suspension or debarment of a contractor, or to judicial or administrative action against military personnel or civilian employees of the USSOCOM.
(B)
The Contracting Officer's report shall be reviewed by local legal counsel to determine its completeness and compliance with DFARS 209.406-3(a)(ii).
(ii)
The report shall also include credit and financial information on the contractor, such as a Dunn and Bradstreet report.
(l)
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 Director of Procurement (DOP) or the debarring official directs otherwise. Follow the procedures in DFARS 232.173 when a contractor's request for advance, partial, or progress payments is based on fraud.
(iii)
Address reports to the Army Procurement Fraud Division (PFD) (Counsel to the Debarring Official) and distribute by forwarding through contracting channels (SOAL-KM) and SOJA-AQ to the PFD. Forward the original and two copies when electronic transmittal is not practical or when the file contains highly classified information.
Follow the procedures at 5609.406-3.
SUBPART 5609.5 ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST
Submit waiver requests IAW FAR 9.503 to SOAL-KM.
5609.507 Solicitation Provisions and Contract Clauses.
5609-507-1 Solicitation Provisions.
(a) Contracting officers shall insert 5652.209-9002, Use of Contractor Support/Advisory Personnel for Review of Proposals, in solicitations when the possibility exists that contractor support/advisory services will be used in the proposal evaluation process.
(b) Contracting officers shall insert 5652.209-9003, Use of Contractor Support/Advisory Personnel as Contract Specialist, in solicitations when the possibility exists that contractor support/advisory services will be used to performance contract specialist services in support of the solicitation and/or the resulting contract.
HQ, United States Special Operations Command January 2003
Special Operations Acquisition and Logistics Center (SOAL-K)
SOFARS 5609
