48 C.F.R. PART 803—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 803—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

Section Contents

Subpart 803.1—Safeguards

803.101   Standards of conduct.
803.101-3   Department regulations.

Subpart 803.2—Contractor Gratuities to Government Personnel

803.203   Reporting suspected violations of the Gratuities Clause.

Subpart 803.3—Reports of Suspected Antitrust Violations

803.303   Reporting suspected antitrust violations.

Subpart 803.4—Contingent Fees

803.405   Misrepresentations or violations of the Covenant Against Contingent Fees.

Subpart 803.5—Other Improper Business Practices

803.502   Subcontractor kickbacks.

Subpart 803.70—Contractor Responsibililty To Avoid Improper Business Practices

803.7000   Policy.
803.7001   Display of VA hotline poster.
803.7002   Contract clause.


Authority:  38 U.S.C. 501 and 40 U.S.C. 486(c).

Source:  49 FR 12592, Mar. 29, 1984, unless otherwise noted.

Subpart 803.1—Safeguards
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803.101   Standards of conduct.
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803.101-3   Department regulations.
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(a) Standards of conduct for all VA employees, including contracting officials, are found in 38 CFR part 0.

(b) Requirements for employee financial disclosure are contained in 38 CFR part 0, subpart B. Generally contracting officers and all supervisory contracting officials must file financial disclosure statements.

[49 FR 12592, Mar. 29, 1984, as amended at 61 FR 20491, May 7, 1996; 63 FR 69218, Dec. 16, 1998; 64 FR 30442, June 8, 1999]

Subpart 803.2—Contractor Gratuities to Government Personnel
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803.203   Reporting suspected violations of the Gratuities Clause.
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(a) Suspected violations of the Gratuities Clause will be reported to the head of the contracting activity through the contracting officer. The head of the contracting activity will confirm that violations are evident and that reporting these violations to officials designated in paragraph (b) would be warranted.

(b) When violations of the Gratuities Clause warrant actions described in FAR 3.204(c) the head of the contracting activity will request instructions from the VA General Counsel (025) through the Deputy Assistant Secretary for Acquisition and Materiel Management.

[49 FR 12592, Mar. 29, 1984, as amended at 61 FR 1527, Jan. 22, 1996]

Subpart 803.3—Reports of Suspected Antitrust Violations
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803.303   Reporting suspected antitrust violations.
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Instances of possible antitrust violations will be reported by procurement activities in accordance with FAR 3.303 to the Deputy Assistant Secretary for Acquisition and Materiel Management for review and submission to the General Counsel, who will determine whether or not to submit the case to the Attorney General.

[49 FR 12592, Mar. 29, 1984, as amended at 61 FR 1527, Jan. 22, 1996]

Subpart 803.4—Contingent Fees
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803.405   Misrepresentations or violations of the Covenant Against Contingent Fees.
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Before taking any administrative action the heads of the contracting activity shall consult with their respective VA District Counsels. Contracting officers in Central Office shall consult with the Office of the General Counsel.

[49 FR 12592, Mar. 29, 1984, as amended at 50 FR 791, Jan. 7, 1985; 61 FR 20491, May 7, 1996. Redesignated at 63 FR 69218, Dec. 16, 1998]

Subpart 803.5—Other Improper Business Practices
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803.502   Subcontractor kickbacks.
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Suspected violations of the Anti-kickback Act will be reported to the Office of the General Counsel.

Subpart 803.70—Contractor Responsibililty To Avoid Improper Business Practices
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Source:  57 FR 58718, Dec. 11, 1992, unless otherwise noted.

803.7000   Policy.
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It is Department of Veterans Affairs' (VA) policy to contract with companies that conduct business with the highest degree of integrity and honesty. To demonstrate this commitment to integrity and honesty, contractors should have standards of conduct and internal control systems that are designed to promote such standards, to facilitate the timely discovery and disclosure of improper conduct in connection with Government contracts, and to assure that corrective measures are promptly instituted and carried out. For example, a contractor's system of management controls should provide for—

(a) A written code of business ethics and standards of conduct and an ethics training program for all employees;

(b) A mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports;

(c) Disciplinary action for improper conduct;

(d) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with standards of conduct and the special requirements of Government contracting;

(e) Internal and/or external audits as appropriate;

(f) Timely reporting to appropriate Government officials of any suspected or possible violations of law in connection with Government contracts or any other irregularities in connection with such contracts; and

(g) Full cooperation with any Government agencies responsible for either investigation or corrective actions.

[57 FR 58718, Dec. 11, 1992, as amended at 63 FR 69218, Dec. 16, 1998]

803.7001   Display of VA hotline poster.
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Contractors who are awarded a VA contract of—

(a) $500,000 or more for supplies or services, or

(b) $3 million or more for construction, and who have not established an internal reporting mechanism and program, as described in 803.7000(b), shall be required to display prominently in common work areas within business segments performing work under VA contracts, the VA hotline poster prepared by the VA Office of Inspector General.

803.7002   Contract clause.
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The contracting officer shall insert the clause at 852.203–71, Display of VA hotline poster, in solicitations and contracts expected to equal or exceed the dollar thresholds established in 803.7001.

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