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48 CFR § 609.407-3 - 609.407-3 Procedures.

---
identifier: "/us/cfr/t48/s609.407-3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 609.407-3 - 609.407-3   Procedures."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "609.407-3"
section_name: "609.407-3   Procedures."
chapter_number: 6
chapter_name: "DEPARTMENT OF STATE"
subchapter_number: "B"
subchapter_name: "COMPETITION AND ACQUISITION PLANNING"
part_number: "609"
part_name: "CONTRACTOR QUALIFICATIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 1."
regulatory_source: "53 FR 26165, July 11, 1988, unless otherwise noted."
cfr_part: "609"
---

# 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.

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