PART 5303 -
Improper Business Practices and Personal Conflicts of Interest
[Revised May 25, 2018 ]
SUBPART 5303.1 — SAFEGUARDS
5303.104-3 Statutory and Related Prohibitions, Restrictions, and Requirements
(c)(1)(ii) See MP5301.601(a)(i) for individuals authorized to approve resumption of participation in a procurement.
5303.104-4(a) Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information
Any individuals requiring access to Source Selection Information (SSI) as a result of participating on a source selection or in the performance of their duties must sign a Source Selection Non-Disclosure Agreement. The Source Selection Non-Disclosure Agreement may be used on an annual basis for individuals who must have access to SSI in the performance of their official duties throughout the year, whether or not they participate as part of the actual source selection team.
Follow MP5303.104-5 for requesting disqualification from participation in an acquisition.
(c) Resumption of participation in a procurement
(2) See MP5301.601(a)(i). In cases where the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) is the individual disqualified from participation in a procurement, the DAS(C) must authorize the individual to resume participation in the procurement. The ASAF(A) and their civilian or military deputy have the authority to permit the DAS(C) or ADAS(C) to resume participation in a procurement following contact with an offeror regarding non-Federal employment.
5303.104-7 Violations or Possible Violations
(a) The contracting officer must provide a copy of the information and documentation generated under FAR 3.104-7 to their cognizant legal counsel and to SAF/GCR.
(1) The contracting officer must forward the information and determination required by FAR 3.104-7(a)(1) to the clearance approval authority (5301.9001(f)) of the affected procurement for review.
(f) See MP5301.601(a)(i) for individuals who may authorize award.
5303.104-9 Contract Clauses
(b) If information received under FAR 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity, indicates that a price or fee adjustment may be appropriate, the contracting officer must submit notification to the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) and to SAF/GCR.
SUBPART 5303.2 — CONTRACTOR GRATUITIES TO GOVERNMENT PERSONNEL
5303.204 Treatment of Violations
(a) SAF/GCR is authorized to conduct hearings and make findings of fact in accordance with FAR 3.204(a). If a hearing is held, SAF/GCR will provide recommendations to ASAF(A) or the Principal Civilian or Military Deputy.
SUBART 5303.6 — CONTRACTS WITH GOVERNMENT EMPLOYEES OR ORGANIZATIONS OWNED OR CONTROLLED BY THEM
Submit requests through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval (see MP5301.601(a)(i)). Follow MP5303.602 for exceptions to FAR 3.601.
SUBPART 5303.7 — VOIDING AND RESCINDING CONTRACTS
(c) See MP5301.601(a)(i).
(a) The contracting officer must forward the facts concerning a final conviction, to include a copy of the conviction, to SAF/GCR within 30 days after learning of the conviction. The contracting officer must forward the report to the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) within 10 calendar days after the contracting activity learns of the conviction. See the tailorable Notice of Proposed Contract Rescission Action(s) template.
SUBPART 5303.10 – CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT
(b)(2)(i) Upon receipt of the required disclosure or any notification, contracting officers, working with legal counsel, must ensure that appropriate steps are taken to preserve remedies available to the government. Contracting officers also must consider how the disclosed information may impact pending contract actions in terms of the contractor’s present responsibility and/or the contractor’s past performance. The contracting officer must promptly provide a copy of any disclosure or notification received to the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) and to SAF/GCR using the procedures at 5309.406-3.
(b)(2)(ii) The government must safeguard and treat the information obtained pursuant to a contractor’s disclosure or notification as confidential where the information has been marked as “confidential” or “proprietary” by the company. Even if the information is not marked, the contracting officer should not publicly disclose the information without prior notification to the contractor.
SUBPART 5303.11 – PREVENTING PERSONAL CONFLICTS OF INTEREST FOR CONTRACTOR EMPLOYEES PERFORMING ACQUISITION FUNCTIONS
5303.1104 Mitigation or Waiver
(b) MAJCOM/DRU/AFRCO SCOs (or for AFLCMC and SMC, the SCCO) must submit determinations to SAF/AQC for HCA approval (see MP5301.601(a)(i)).