What procedures will the Department follow in imposing such sanctions and penalties?
A. After a final decision on the merits has been issued and before imposing the sanctions and penalties, the Assistant Secretary will consult with the affected contracting agencies, and provide the heads of those agencies the opportunity to respond and provide written objections. If the contracting agency provides written objections, those objections must include a complete statement of reasons for the objections, among which reasons must be a finding that, as applicable, the completion of the contract, or further contracts or extensions or modifications of existing contracts, is essential to the agency’s mission. The sanctions and penalties will not be imposed if: (1). The head of the contracting agency continues personally to object to the imposition of such sanctions and penalties, or (2). The contractor has not been afforded an opportunity for a hearing.
A. After a final decision on the merits has been issued and before imposing the sanctions and penalties, the Assistant Secretary will consult with the affected contracting agencies, and provide the heads of those agencies the opportunity to respond and provide written objections. If the contracting agency provides written objections, those objections must include a complete statement of reasons for the objections, among which reasons must be a finding that, as applicable, the completion of the contract, or further contracts or extensions or modifications of existing contracts, is essential to the agency’s mission. The sanctions and penalties will not be imposed if: 1. The head of the contracting agency continues personally to object to the imposition of such sanctions and penalties, or 2. The contractor has not been afforded an opportunity for a hearing.
