53a.

53b.

54.

55.

56.

same risks he did, you could get away with almost anything,
as long as the bullet was in the front.

"And today, although none of you has the great fortune, I think, of being from Abilene, Kansas, you live after all by the same code, in your ideals and in the respect you give to certain qualities. In this country, if someone dislikes you, or accuses you, he must come up in front. He cannot hide behind the shadow. He cannot assassinate you or your character from behind, without suffering the penalties an outraged citizenry will impose."

Quoted in Rogge, "The First and the Fifth" 300 (1960).

The courts have recognized that decisions of contracting
officers or boards of contract appeals under standard
"disputes" clauses cannot determine issues of fraud adversely to
the Government so as to bar prosecution under the False Claims
Act. See International Potato Corp. v. United States, 161 F.
Supp. 602, 605 (Ct.Cl. 1900); United States v. Williams, 162 F.
Supp. 903, 904-05 (W.D. Ala. 1957); United States v. National
Wholesalers, 236 F. 2d 944, 950 (9th Cir. 1956); United States
v. United States Cartridge Co., 78 F. Supp. 81, 83-84 (E.D. Mo.
1948). See also Appeal of Harry Lev, AS BCA No. 2869, 61-2
BCA Par. 3118 (1961) in which the Board dismissed an appeal
pending determination of a False Claims Act counterclaim in
the Court of Claims pertinent to the issues raised by the
appeal.

See note 53a supra.

United States v. Erie Basin Metal Products, 244 F. 2d 809,
817 (7th Cir.1957).

See 8(b) (7) of the Small Business Act, 72 Stat. 391 (1958),
15 U.S.C. 637 (b) (7); ASPR 1-705.6 (Nov. 15, 1961). The
procedures are discussed in "Navy Contract Law" § 2.39 A
(Supp. 1961). See also Rumizen, Bidders' Responsibility and
Certificates of Competency The Role of the Comptroller

General, 20 Fed. B. J. 389 (1960).

See Attorney General's Manual on the Administrative Procedure
Act 75 (1947) on discussion of 7 (c).

APPENDICES

A-1

Section I, Part 6 - "Debarred, Ineligible, and Suspended
Bidders" of the Armed Services Procurement Regulation.

A-2 Section I, Part 6 of the Army Procurement Procedure.

A-3 Section I, Part 6 of the Navy Procurement Directives.

A-4 Section I, Part 6 of the Air Force Procurement Instruction.

A-5

Section I, Part 9 "Responsible Prospective Contractors" of the Armed Services Procurement Regulation.

B-1

Subpart 1-1.6 - "Debarred and Ineligible Bidders"
Federal Procurement Regulations.

B-2

Subpart 5-1.6 - "Debarred and Ineligible Bidders"
General Services Procurement Regulations.

B-3

C-1

C-2

D.

E.

F.

§ 1-1. 310 - "Responsible Prospective Contractor"
the Federal Procurement Regulations.

§ 5-1. 310-50 "Review List of Bidders" - of the General Services Administration Procurement Regulations.

Navy Procurement Directive 1-950 - "Navy Contractor
Experience List".

Department of Labor Rules of Practice for Debarments
under 3 of the Walsh-Healey Act.

Comptroller General Decision B-139720 of Jan. 6, 1960
and May 25, 1961.

Department of Justice letter to the Chairman, Committee on
Adjudication of Claims, Administrative Conference of the
United States, dated 28 September 1962.

Section I, Part 6

A-1

"Debarred, Ineligible, and Suspended

Bidder" of the Armed Services Procurement Regulation

1 July 1960

Part 6-Debarred, Ineligible, and Suspended Bidders

129

1-600 Scope of Part. This Part prescribes policies and procedures relating to the debarment of bidders for any cause, ineligibility of bidders under section la of the Walsh-Healey Public Contracts Act (41 U.S.C. 35a), and the suspension of bidders for alleged fraud or other criminal conduct.

1-601 Establishment and Maintenance of a List of Firms or Individuals Debarred or Ineligible.

1-601.1 General. Each Department shall maintain a list of firms and individuals which it has debarred or suspended, to whom contract awards of any character, including sales, will not be made, and from whom bids or proposals will not be solicited as provided in this Part 6.

1-601.2 Information Contained in Departmental Lists. Each Departmental list shall show as a minimum the following information:

(i) the names of those firms or individuals debarred, ineligible, or suspended (names will be set forth in alphabetical order with appropriate cross reference where more than one name is involved in a single action);

(ii) the basis of authority for cach action;

(iii) the extent of restrictions imposed; and

(iv) the termination date for each debarred listing.

1-601.3 Joint Consolidated List. By agreement among the Military Departments, the Department of the Army is responsible for the issuance of a Joint Consolidated List of firms and individuals to whom contracts will not be awarded and from whom bids or proposals will not be solicited. The Joint Consolidated List shall be kept current by notices of additions or deletions and periodic reprinting. Each Military Department shall furnish, not later than the 5th of each month, to the Office of the Assistant Secretary of the Army (Logistics) (Assistant Judge Advocate General), an alphabetical list of the additions, deletions, or modifications to the Joint Consolidated List, containing the information set forth in 1-601.2. Each Military Department shall be responsible for determining the number of copies of the Joint Consolidated List required and for distributing the list within the Department. The Department of the Army will furnish copies to the Assistant Secretary of Defense (Supply & Logistics).

1-601.4 Protection of Lists. The Joint Consolidated and Departmental Lists, and all correspondence relating thereto, shall be protected to prevent inspection of the contents by anyone other than Government personnel required to have access thereto.

1-602 Limitation. No firm or individual will be listed on a consolidated list for causes or under conditions other than those set forth in this Part 6. 1-603 Grounds for Listing and Treatment to be Accorded Listed Concerns.

(a) A firm or individual may be listed for any of several reasons. The particular reason for listing determines the consequences thereof. The various types of listing and the treatment to be accorded each type are set forth below: Type A includes debarments in any of the following categorics:

ARMED SERVICES PROCUREMENT REGULATION

¶1-603