48 C.F.R. PART 303—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST


Title 48 - Federal Acquisition Regulations System


Title 48: Federal Acquisition Regulations System

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PART 303—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

Section Contents

Subpart 303.1—Safeguards

303.101   Standards of conduct.
303.101-3   Agency regulations.
303.104-7   Violations or possible violations of the Procurement Integrity Act.

Subpart 303.2—Contractor Gratuities to Government Personnel

303.203   Reporting suspected violations of the Gratuities clause.

Subpart 303.3—Reports of Suspected Antitrust Violations

303.303   Reporting suspected antitrust violations.

Subpart 303.4—Contingent Fees

303.405   Misrepresentations or violations of the Covenant Against Contingent Fees.

Subpart 303.6—Contracts With Government Employees or Organizations Owned or Controlled by Them

303.602   Exceptions.

Subpart 303.7—Voiding and Rescinding Contracts

303.704   Policy.


Authority:  5 U.S.C. 301; 40 U.S.C. 486(c).

Source:  66 FR 4223, Jan. 17, 2001, unless otherwise noted.

Subpart 303.1—Safeguards
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303.101   Standards of conduct.
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303.101-3   Agency regulations.
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The Department of Health and Human Services' Standards of Conduct are prescribed in 45 CFR part 73.

303.104-7   Violations or possible violations of the Procurement Integrity Act.
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(a)(1) The contracting officer's determination that a reported violation or possible violation of the statutory prohibitions has no impact on the impending award or selection of a contractor must be submitted through appropriate channels, along with supporting documentation, to the Head of Contracting Activity (HCA) for review and approval of the determination awarding a contract.

(2) The contracting officer's determination that a reported violation or possible violation of the statutory prohibitions has an impact on the pending award or selection of a contractor must be referred through channels, along with all related information available, to the HCA (if the HCA is an SES) or to another SES official designated by the OpDiv. That individual will—

(i) Refer the matter immediately to the Office of Acquisition Management and Policy (OAMP), Assistant Secretary for Administration and Management, Office of the Secretary for review, which may consult with the Office of General Counsel (OGC) and the Office of Inspector General (OIG), as appropriate; and

(ii) Determine the action to be taken on the procurement in accordance with FAR 3.104–7(c) and (d). The HCA shall obtain the approval or concurrence of the OAMP before proceeding with the action.

(b) The individual in paragraph (a)(2) of this section acts as the agency head designee with respect to actions taken under the FAR clause 52.203–10, Price or Fee Adjustment for Illegal or Improper Authority.

[70 FR 39, Jan. 3, 2005]

Subpart 303.2—Contractor Gratuities to Government Personnel
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303.203   Reporting suspected violations of the Gratuities clause.
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Departmental personnel shall report suspected violations of the Gratuities clause in accordance with subpart M, Reporting Violations, of 45 CFR part 73. Refer to subpart B, Gifts from Outside Sources, (5 CFR 2635.201) for an explanation regarding what is prohibited and what is permitted.

Subpart 303.3—Reports of Suspected Antitrust Violations
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303.303   Reporting suspected antitrust violations.
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A copy of each report of suspected antitrust violations submitted to the Attorney General by the HCA shall also be submitted to the Director, Office of Acquisition Management.

Subpart 303.4—Contingent Fees
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303.405   Misrepresentations or violations of the Covenant Against Contingent Fees.
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(c) Reports shall be made promptly to the contracting officer.

(d)(4) Suspected fraudulent or criminal matters to be reported to the Department of Justice shall be prepared in letter format and forwarded through acquisition channels to the head of the contracting activity for signature. The letter must contain all pertinent facts and background information considered by the contracting officer and chief of the contracting office that led to the decision that fraudulent or criminal matters may be present. A copy of the signed letter shall be sent to the Director, Office of Acquisition Management.

Subpart 303.6—Contracts With Government Employees or Organizations Owned or Controlled by Them
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303.602   Exceptions.
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Approval of an exception to the policy stated in FAR 3.601 shall be made by the HCA (not delegable).

Subpart 303.7—Voiding and Rescinding Contracts
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303.704   Policy.
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For purposes of implementing FAR subpart 3.7, the authorities granted to the “agency head or designee” shall be exercised by the HCA (not delegable).

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