32.409-2
Recommendation for disapproval
When recommending disapproval of a contractor's request, contracting officers must formally document and transmit both the required supporting materials and a clear justification for the disapproval, following agency procedures.
Overview
FAR 32.409-2 outlines the procedures a contracting officer must follow when recommending the disapproval of a contractor's request related to contract financing (such as assignment of claims or payment requests). The regulation requires the contracting officer to transmit specific documentation and a formal recommendation for disapproval, including the reasons, in accordance with agency procedures. This ensures transparency and proper documentation in the decision-making process regarding contract financing matters.
Key Rules
- Transmission of Required Items
- The contracting officer must send the items specified in FAR 32.409-1(a), (b), and (c), which typically include the contractor's request, supporting documents, and any relevant correspondence.
- Formal Recommendation and Justification
- The officer must also provide a written recommendation for disapproval, clearly stating the reasons for the decision.
Responsibilities
- Contracting Officers: Must follow agency procedures to transmit all required documentation and a detailed recommendation for disapproval.
- Contractors: Should ensure their submissions are complete and address potential issues to avoid disapproval.
- Agencies: Must have clear procedures for processing and reviewing recommendations for disapproval.
Practical Implications
- This section ensures that disapprovals are well-documented and justified, reducing the risk of arbitrary decisions.
- Contractors should be aware that incomplete or non-compliant requests may be formally disapproved with documented reasons.
- Proper documentation protects both the agency and the contractor in case of disputes or audits.