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Acquisition Integrity Office

Within the Office of the General Counsel (OGC), the focal point for Acquisition Integrity matters is:


Assistant General Counsel (Acquisition Integrity)
Department of the Navy
720 Kennon Street, RM 214
Washington, DC 20374-5012
Phone: (202) 685-7000
Fax: (202) 685-6957
E-mail: Acquisition Integrity Office


SCOPE OF DEBARMENT AND SUSPENSION

  • Normally Applies to All organizational Elements
  • May Debar/Suspend
    • Individual
    • Company
    • In Addition: Affiliates - Where Specifically Given Written Notice and an Opportunity to Respond.
  • May Impute individual's Conduct to Company When Conduct Was Performed:
    • A. In Course of Official Duty, Or
    • B. With Knowledge, Approval or Acquiescence of the Company.
    • C. Contractor's Acceptance of Benefits Shall Be Evidence of Knowledge, Approval, or Acquiescence.
  • Seriously Improper Conduct of a Company May Be Imputed to Any Officer, Director, Shareholder, Partner, Employee or Other Individual Associated With the Company Who Participates in, Knows of, or Has Reason to Know of, the company's Conduct.
  • Partner in a Joint Venture Under Certain Conditions.

ADMINISTRATIVE AGREEMENTS

  • Reasons for Entering Into an Administrative Agreement:
    • Company Has Taken Steps Outlined in DFARS 203.7000 To Demonstrate Present Responsibility
    • National Security Concerns
  • Simple Request by Company Suspended or Proposed for Debarment Does Not Assure an Agreement

CORPORATE REMEDIES

  • Examples:
    Ethics Program
  • Code of Conduct
  • Training
  • Corporate Culture
    Internal Controls
  • Time Card Controls
  • Independent Audit
  • Quality Controls
    Top Management Responsible
    Ethics/Business Conduct Guidelines
  • Yearly Review and Certification
    Policy Directives
  • Charging
  • Truth in Negotiations
    • Internal and External Audit
    • Hot Line
    • Preventative Law Training
    • Remedial Action/Penalties

DFARS 209.406 Report

FAR 209.406-3 provides that any person may refer a matter appropriate for consideration to the Debarring and Suspending official.

Prescribed format includes:

  • A complete summary of all pertinent evidence and the status of any legal proceedings involving the contractor.
  • An estimate of any damages sustained by the Government as a result of the contractor's action (explain how the estimate was calculated).
  • Comments and recommendations of the contracting officer and of each higher-level contracting review authority regarding—
    • (1) Whether to suspend or debar the contractor;
    • (2) Whether to apply limitations to the suspension or debarment;
    • (3) The period of any recommended debarment; and
    • (4) Whether to continue any current contracts with the contractor (or explain why a recommendation regarding current contracts is not included).

About This Website

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Office of the General Counsel
1000 Navy Pentagon
Washington, DC 20350-1000
1-202-685-7000
Fax: 1-202-685-6957
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