Debarring and suspending official. (1) For DoD, the designees are—

(i) Army—Director, Soldier & Family Legal Services. (ii) Navy/Marine Corps—The Assistant General Counsel (Acquisition Integrity). (iii) Air Force—Deputy General Counsel (Contractor Responsibility). (iv) Defense Advanced Research Projects Agency—The Director. (v) Defense Health Agency—The Principal Deputy General Counsel. (vi) Defense Information Systems Agency—The General Counsel. (vii) Defense Intelligence Agency—The Senior Procurement Executive. (viii) Defense Logistics Agency—The Special Assistant for Contracting Integrity. (ix) Defense Threat Reduction Agency—The Director. (x) Missile Defense Agency—The General Counsel. (xi) National Geospatial-Intelligence Agency—The General Counsel. (xii) National Security Agency—The Senior Acquisition Executive. (xiii) United States Cyber Command—The Staff Judge Advocate. (xiv) Overseas installations—as designated by the agency head.

(2) Overseas debarring and suspending officials—

(i) Are authorized to debar or suspend contractors located within the official's geographic area of responsibility under any delegation of authority they receive from their agency head.

(ii) Debar or suspend in accordance with the procedures in FAR subpart 9.4 or under modified procedures approved by the agency head based on consideration of the laws or customs of the foreign countries concerned.

(iii) In addition to the bases for debarment in FAR 9.406-2, may consider the following additional bases—

(A) The foreign country concerned determines that a contractor has engaged in bid-rigging, price-fixing, or other anti-competitive behavior; or

(B) The foreign country concerned declares the contractor to be formally debarred, suspended, or otherwise ineligible to contract with that foreign government or its instrumentalities.

(3) The Defense Logistics Agency Special Assistant for Contracting Integrity is the exclusive representative of the Secretary of Defense to suspend and debar contractors from the purchase of Federal personal property under the Federal Property Management Regulations (41 CFR 101-45.6) and the Defense Materiel Disposition Manual (DoD 4160.21-M).

[56 FR 36313, July 31, 1991, as amended at 56 FR 67212, Dec. 30, 1991; 59 FR 27669, May 27, 1994; 60 FR 61593, Nov. 30, 1995; 61 FR 50452, Sept. 26, 1996; 63 FR 11528, Mar. 9, 1998; 64 FR 51075, Sept. 21, 1999; 64 FR 62985, Nov. 18, 1999; 68 FR 7439, Feb. 14, 2003; 70 FR 14573, Mar. 23, 2005; 74 FR 42780, Aug. 25, 2009; 74 FR 52895, Oct. 15, 2009; 76 FR 11367, Mar. 2, 2011; 76 FR 76319, Dec. 7, 2011; 77 FR 23631, Apr. 20, 2012; 77 FR 52253, Aug. 29, 2012; 84 FR 18155, Apr. 30, 2019; 88 FR 37794, June 9, 2023]