PART 3 -- IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
TABLE OF CONTENTS
SUBPART 3.1 — SAFEGUARDS
3.101 Standards of conduct.
3.101-3 Agency regulations.
3.104 Procurement integrity.
3.104-4 Disclosure, protection, and marking of contractor bid or proposal information and source selection information.
3.104-6 Ethics advisory opinions regarding prohibitions on a former officials acceptance of compensation from a contractor.
3.104-7 Violations or possible violations.
3.104-9 Contract clauses.
SUBPART 3.2 — CONTRACTOR GRATUITIES TO GOVERNMENT PERSONNEL
3.203 Reporting suspected violations of the gratuities clause.
SUBPART 3.3 — REPORTS OF SUSPECTED ANTITRUST VIOLATIONS
SUBPART 3.5 — OTHER IMPROPER BUSINESS PRACTICES
203.570 Prohibitions on persons convicted of fraud or other DoD contract-related felonies.
SUBPART 3.6 — CONTRACTS WITH GOVERNMENT EMPLOYEES OR ORGANIZATIONS OWNED OR CONTROLLED BY THEM
SUBPART 3.7 — VOIDING AND RESCINDING CONTRACTS
SUBPART 3.8 — LIMITATIONS ON THE PAYMENT OF FUNDS TO INFLUENCE FEDERAL TRANSACTIONS
SUBPART 3.9 — WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR EMPLOYEES
3.905 Procedures for Investigating Complaints.
SUBPART 3.90 — ETHICS IN THE PROCUREMENT PROCESS
The DoD Directive 5500.7, Standards of Conduct, DoD 5500.7-R, Joint Ethics Regulation, DISA Instruction 100-50-6, Standards of Ethical Conduct, and DISA Employees’ Guide to the Standards of Conduct, provide extensive agency guidance governing this topic.
Contact the Regulatory/GC’s office concerning questions on this issue.
(a) The HCA is delegated the authority to authorize access to sensitive procurement information (e.g., proprietary or source selection information) when necessary for the conduct of the procurement.
(S-90) All DISA personnel who have access to sensitive acquisition information must ensure proper handling of such information in order to maintain the integrity of the acquisition process. Unclassified sensitive acquisition information shall only be distributed on a “need to know” basis.
(S-91) Communications networks such as DISANet and Internet may be vulnerable to unauthorized access. Accordingly, whenever practicable, avoid the electronic transmission of
unclassified sensitive acquisition information via e-mail, LAN, etc., in favor of more secure alternatives.
(S-92) All emails containing source selection sensitive info shall be sent encrypted and/or password protected.
(a) Written request for an ethic advisory opinion shall be submitted to the DISA Designated Agency Ethics Official (DAEO). Per DISAI 100-50-6, the DAEO is the General Counsel.
(a)(1) The designated individual is the Technical Director, PLA, as the DISA Procurement Integrity Ombudsman.
(2) The contracting officer’s conclusion shall be reviewed by the Technical Director who will in-turn forward the conclusion to the HCA.
(g) The contracting officer’s conclusion shall be submitted with the appropriate coversheet marked as follows:
PROCUREMENT SENSITIVE REQUIRES SPECIAL HANDLING DO NOT LEAVE UNATTENDED SECURE WHEN NOT IN USE
(S-90) Contractor personnel suspecting a violation of the Procurement Integrity Act are encouraged to contact the contracting officer or the DISA Inspector General with a written allegation containing the elements specified in FAR 3.904, Procedures for filing complaints.
(S-90) Report suspected violations through the local counsel and HCO to the DISA GC and the
HCA. The designee is the DISA GC.
(b)(2) The General Counsel
The waiver and determination shall be reviewed by PL2.
The HCA is the designee who may authorize an exception to the policy in FAR 3.601.
(a) Reporting. The designee is the HCA.
(b) Decision. The designee is the HCA.
203.806 Processing suspected violations.
(S-90) Forward suspected violations to PL2 for submittal to DPAP CPIC.
(b) The designee is the HCA.
(a) The designee is the HCA.