Government Contracts DoD Class Deviation Addresses Suspension and Debarment Notices
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Tuesday, May 19, 2020

DoD Class Deviation Addresses Suspension and Debarment Notices

By Government Contracts Editorial Staff

The Department of Defense has issued Class Deviation 2020-O0014, Flexibilities for Electronic Delivery of Information Related to Suspensions and Debarments. DoD issued the notice in response to the 2019 novel coronavirus disease outbreak. The deviation authorizes debarring and suspending officials to deviate from the FAR 9.406-3(c) and (e) and FAR 9.407-3(c) and (d)(4) requirements to provide debarment and suspension notices and decisions to contractors via certified mail, return receipt requested. Officials may now provide these communications by email or secure file exchange service. For initial notices of suspension or proposed debarment sent via email, copies of the record which formed the basis for the decision must be made available, as required by DFARS Appendix H-101. Finally, suspending and debarring officials must include instructions for presenting matters in opposition and relevant evidence, as authorized by DFARS Appendix H-103 and H-104, either in writing via mail or email or in person or through a representative and, as deemed appropriate by the official, via telephone or video-teleconference. The effective date of the class deviation is April 20, 2020. For the text of the deviation, see ¶70,245.121.

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