9.406-3 Procedures.

(a)  Investigation and referral. Refer any matter that may be a cause for debarment to the HCA. The HCA shall (1) consult with DISA GC regarding an appropriate investigation method, (2) request an investigation by the DoD Inspector General or other office, and (3) if warranted by the results of the subsequent investigation, prepare a formal recommendation to debar and submit the recommendation to the debarment official (DISA GC).

(b)  Decision making process. Based on a review of the recommendation to debar, the GC initiates proposed debarment by taking the actions listed in FAR 9.406-3(c). The contractor shall be given an opportunity to submit, in person, in writing, or through a representative, information and argument in opposition to the proposed debarment. For actions listed in FAR 9.406-3(b)(2), the contractor shall be given the opportunity to make a presentation of matters in opposition, as provided in FAR 9.406-3(b)(2)(i). The presentation shall be conducted before the GC or a designee. If the contractor's presentation of matters in opposition raises a genuine dispute over material facts, DISA GC may withdraw the proposed debarment or require additional fact-finding that shall be conducted in accordance with the principles in FAR 9.406-3(b).