---
kind: "section"
citation: "48 C.F.R. § 609.407-3"
title: "48"
number: "609.407-3"
heading: "Procedures."
url: "https://uscodex.org/cfr/48/609.407-3"
---

# §609.407-3. Procedures.

- (a) **Investigation and referral.** Investigation and referral shall be accomplished as provided in 609.406-3(a), except that referrals made to the suspending official shall cite causes pertinent to a suspension action (see FAR 9.407-2).
- (b) **Decisionmaking process.**
  - (1) If the contractor does not respond to a notice of suspension within 30 calendar days after receipt of the notice, the suspending official may proceed with completion of investigation.
  - (2) The DOS decisionmaking process for a suspension action pursuant to FAR 9.407-3(b) follow those established for a debarment action (see 609.406(b)), except that the contractor may request and shall be entitled to a hearing before the fact-finding official only if permitted under FAR 9.407-3(b)(2).
- (c) **Notice of suspension.** Notice of suspension shall be accomplished as provided in 609.406-3(a), except that the suspending official shall process the notice in accordance with FAR 9.407-3(c).
- (d) **Suspending official's decision.** In addition to complying with FAR 9.407-3(d), the suspending official shall provide single copies of the decision to each DOS organizational element affected by the decision.

## Notes

### Amendments

[53 FR 26165, July 11, 1988, as amended at 81 FR 51128, Aug. 3, 2016]

### Authority

Authority: 22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 1.

### Source

Source: 53 FR 26165, July 11, 1988, unless otherwise noted.

### Amendments

[53 FR 26165, July 11, 1988, as amended at 81 FR 51128, Aug. 3, 2016]