---
kind: "section"
citation: "48 C.F.R. § 2809.402"
title: "48"
number: "2809.402"
heading: "Policy."
url: "https://uscodex.org/cfr/48/2809.402"
---

# §2809.402. Policy.

- (a) The SPE is the agency head for purposes of suspension and debarment under FAR [subpart 9.4](/cfr/48/subpart9.4.md), and serves as the Suspension and Debarment Official (SDO) for both procurement and non-procurement matters.
- (b) Contracting activities shall consider recommending suspension or debarment of a contractor when cause is shown as listed under FAR 9.406-2 and 9.407-2.
  - (1) If a determination is made that available facts do not justify debarment or suspension, the file should be documented accordingly and no additional action is required.
  - (2) If the decision is made to recommend suspension or debarment of a contractor, in coordination with the activity's BPC and legal counsel, the bureau shall submit a memorandum to the SDO containing all relevant facts and analysis on which the recommendation is based. The submission also should include copies of all relevant documents.

## Notes

### Authority

Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 0.76(j).

### Source

Source: 87 FR 47118, Aug. 2, 2022, unless otherwise noted.