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DFARS 203



Part 203—Improper Business Practices and Personal Conflicts of Interest

TABLE OF CONTENTS

(Revised February 28, 2014)

203.070 Reporting of violations and suspected violations.

SUBPART 203.1--SAFEGUARDS

203.104 Procurement integrity.

203.104-4 Disclosure, protection, and marking of contractor bid or proposal

203.170 Business practices.

203.171 Senior DoD officials seeking employment with defense contractors.

203.171-1 Scope.

203.171-2 Definition.

203.171-3 Policy.

203.171-4 Solicitation provision and contract clause.

SUBPART 203.5--OTHER IMPROPER BUSINESS PRACTICES

203.502-2 Subcontractor kickbacks.

203.570 Prohibition on persons convicted of fraud or other defense-

203.570-1 Scope.

203.570-2 Prohibition period.

203.570-3 Contract clause.

SUBPART 203.7--VOIDING AND RESCINDING CONTRACTS

203.703 Authority.

SUBPART 203.8—LIMITATIONS ON THE PAYMENT OF FUNDS TO INFLUENCE FEDERAL TRANSACTIONS

203.806 Processing suspected violations.

SUBPART 203.9--WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR

203.900 Scope of subpart.

203.901 Definitions.

203.903 Policy.

203.904 Procedures for filing complaints.

203.905 Procedures for investigating complaints.

203.906 Remedies.

203.970 Contract clause.

SUBPART 203.10--CONTRACTOR CODE OF BUSINESS ETHICS AND

203.1003 Requirements.

203.1004 Contract clauses.

(Revised June 15, 2012)

203.070 Reporting of violations and suspected violations.

Report violations and suspected violations of the following requirements in accordance with 209.406-3 or 209.407-3 and DoDD 7050.5, Coordination of Remedies for Fraud and Corruption Related to Procurement Activities:

SUBPART 203.1--SAFEGUARDS

(Revised December 11, 2014)

203.104 Procurement integrity.

203.104-4 Disclosure, protection, and marking of contractor bid or proposal information and source selection information.

203.170 Business practices.

To ensure the separation of functions for oversight, source selection, contract negotiation, and contract award, departments and agencies shall adhere to the following best practice policies:

203.171 Senior DoD officials seeking employment with defense contractors.

203.171-1 Scope.

This section implements Section 847 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

203.171-2 Definition.

“Covered DoD official” as used in this section, is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

203.171-3 Policy.

(b) A DoD contractor may not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service unless the contractor first determines that the official has received, or has requested at least 30 days prior to receiving compensation from the contractor, the post-employment ethics opinion described in paragraph (a) of this section.

203.171-4 Solicitation provision and contract clause.

task and delivery orders.

SUBPART 203.2

(Removed December 15, 2004)

SUBPART 203.3

(Removed December 15, 2004)

SUBPART 203.4

(Removed December 15, 2004)

SUBPART 203.5--OTHER IMPROPER BUSINESS PRACTICES

(Revised June 15, 2012)

203.502-2 Subcontractor kickbacks.

under 41 U.S.C. chapter 87, Kickbacks:

203.570 Prohibition on persons convicted of fraud or other defense-contract-related felonies.

203.570-1 Scope.

This subpart implements 10 U.S.C. 2408. For information on 10 U.S.C. 2408, see PGI 203.570-1.

203.570-2 Prohibition period.

DoD has sole responsibility for determining the period of the prohibition described in paragraph (b) of the clause at 252.203-7001, Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. The prohibition period—

203.570-3 Contract clause.

Use the clause at 252.203-7001, Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies, in all solicitations and contracts exceeding the simplified acquisition threshold, except solicitations and contracts for commercial items.

SUBPART 203.7--VOIDING AND RESCINDING CONTRACTS

(Revised June 27, 2000)

203.703 Authority.

The authority to act for the agency head under this subpart is limited to a level no lower than an official who is appointed by and with the advice of the Senate, without power of redelegation. For the defense agencies, for purposes of this subpart, the agency head designee is the Under Secretary of Defense (Acquisition, Technology, and Logistics).

SUBPART 203.8--LIMITATIONS ON THE PAYMENT OF FUNDS TO INFLUENCE FEDERAL TRANSACTIONS

(Added March 30, 2012)

203.806 Processing suspected violations.

Report suspected violations to the address at PGI 203.8(a).

SUBPART 203.9—WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR EMPLOYEES

(Revised April 28, 2014)

203.900 Scope of subpart.

This subpart applies to DoD instead of FAR subpart 3.9.

203.901 Definitions.

“Abuse of authority,” as used in this subpart, means an arbitrary and capricious exercise of authority that is inconsistent with the mission of DoD or the successful performance of a DoD contract.

203.903 Policy.

203.904 Procedures for filing complaints.

203.905 Procedures for investigating complaints.

203.906 Remedies.

203.970 Contract clause.

See DoD Class Deviation 2016-O0003, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements, issued October 29, 2015. This deviation is effective for contract actions issued using DoD funds appropriated by the Continuing Appropriations Act, 2016 and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in sections 743 of division E, Title VII of the Consolidated and Further Continuing Appropriations Act, 2015. This class deviation remains in effect until incorporated in the FAR or otherwise rescinded.

See DoD Class Deviation 2015-O0010, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements, issued February 5, 2015. This deviation is effective for contract actions issued using funds made available by the Financial Services and General Government Appropriations Act, 2015 (Division E of the Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. 113-235), or any other Act, to include the Department of Defense Appropriations Act, 2015. This class deviation remains in effect until incorporated in the FAR or otherwise rescinded.

Use the clause at 252.203-7002, Requirement to Inform Employees of Whistleblower Rights, in all solicitations and contracts.

SUBPART 203.10--CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

(Revised October 21, 2016)

203.1003 Requirements.

203.1004 Contract clauses.

SUBPART 203.70

(Removed August 12, 2008)

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