NASA FAR Sup 1803

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PART 1803
IMPROPER BUSINESS PRACTICES
AND PERSONAL CONFLICTS OF INTEREST
(September 2015)

TABLE OF CONTENTS

SUBPART 1803.1 SAFEGUARDS
1803.101 Standards of conduct.
1803.101-1 General.
1803.101-2 Solicitation and acceptance of gratuities by Government

1803.104-70 Restrictions on NASA personnel participating in proposal

SUBPART 1803.2 CONTRACTOR GRATUITIES TOGOVERNMENT
PERSONNEL

1803.203 Reporting suspected violations of the Gratuities clause.
SUBPART 1803.3 REPORTS OF SUSPECTED ANTITRUST

SUBPART 1803.5 OTHER IMPROPER BUSINESS PRACTICES
1803.502 Subcontractor kickbacks.
SUBPART 1803.6 CONTRACTS WITH GOVERNMENT EMPLOYEES

SUBPART 1803.7 VOIDING AND RESCINDING CONTRACTS
1803.704 Policy.
1803.705 Procedures.
SUBPART 1803.8 LIMITATION ON THE PAYMENT OF FUNDS TO

SUBPART 1803.9 CONTRACTOR EMPLOYEE WHISTLEBLOWER

1803.900 Scope of subpart.
1803.901 Definition.
1803.903 Policy.
1803.904 Procedures for filing complaints.
1803.905 Procedures for investigating complaints.
1803.906 Remedies.
1803.907 Classified information.
1803.970 Contract clause.
SUBPART 1803.70 IG HOTLINE POSTERS
1803.7000 Policy.
1803.7001 Contract clause.

PART 1803

IMPROPER BUSINESS PRACTICES
AND PERSONAL CONFLICTS OF INTEREST

Subpart 1803.1—Safeguards

1803.101 Standards of conduct.

1803.101-1 General.
The statutory Federal conflict of interest prohibitions codified at 18 U.S.C. section 208 and their application to NASA personnel are discussed in the Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR Parts 2635, Subpart D, and 2540. All NASA personnel involved in acquisitions shall become familiar with these statutory prohibitions. In addition to criminal penalties, the statutes provide that transactions entered into in violation of these prohibitions are voidable (18 U.S.C. section 218). The regulatory impartiality restrictions issued by the U.S. Office of Government Ethics (OGE) are provided in 5 CFR Part 2635, Subpart E. All NASA personal involved in acquisitions shall become familiar with these regulatory restrictions.

1803.101-2 Solicitation and acceptance of gratuities by Government personnel.
Any suspected violations shall be reported promptly to the Center’s Office of Inspector General.

1803.104 Procurement integrity.

1803.104-1 Definitions.

1803.104-4 Disclosure, protection, and marking of contractor bid or proposal information and source selection information.

1803.104-7 Violations or possible violations.

1803.104-70 Restrictions on NASA personnel participating in proposal evaluations or selection decisions.
For acquisitions of any dollar value, an employee may not participate in a proposal evaluation or selection decision if the employee would not be in compliance with statutory U.S. Government ethics requirements, the impartiality regulations issued by U.S. Office of Government Ethics (OGE) at 5 CFR 2635, Subpart E, or any other applicable U.S. Government ethics requirements. Participants should contact a NASA ethics official in their local Chief Counsel’s office, or in the case of NASA Headquarters an ethics official in the Office of General Counsel, for advice on the application of these provisions.

Subpart 1803.2--Contract or Gratuities to Government Personnel

1803.203 Reporting suspected violations of the Gratuities clause.
Any suspected violations of the clause at FAR 52.203-3, Gratuities, shall be reported to the installation's Office of Inspector General.

Subpart 1803.3--Reports of Suspected Antitrust Violations

1803.303 Reporting suspected antitrust violations.

Subpart 1803.5--Other Improper Business Practices

1803.502 Subcontractor kickbacks.
Contracting officers shall report suspected violations of the Anti-Kickback Act in accordance with 1809.470.

Subpart 1803.6--Contracts with Government Employees or Organizations Owned or Controlled by Them

1803.602 Exceptions.
The Assistant Administrator for Procurement has been delegated the authority to authorize an exception to the policy in FAR 3.601. The Assistant Administrator for Procurement has redelegated this authority to the heads of contracting activities (HCAs) for individual actions in the aggregate of $100,000 and below, inclusive of follow-on acquisitions, with concurrence by the HCA's Office of Chief Counsel. All requests above the HCA's authority shall be forwarded to the Assistant Administrator for Procurement for approval.

Subpart 1803.7--Voiding and Rescinding Contracts

1803.704 Policy.

1803.705 Procedures.

Subpart 1803.8--Limitation on the Payment of Funds to Influence Federal Transactions

1803.804 Policy.

1803.806 Processing suspected violations.
The Assistant Administrator for Procurement is the designated official to whom suspected violations of the Act shall be referred. The suspected violations should be reported through the cognizant Program Operations Division analyst.

Subpart 1803.9 – Contractor Employee Whistleblower Protections

1803.900 Scope of subpart.
This subpart applies to NASA instead of FAR subpart 3.9.

1803.901 Definition.
Abuse of authority, as used in this subpart, means an arbitrary and capricious exercise of authority that is inconsistent with the mission of NASA or the successful performance of a NASA contract.

1803.903 Policy.

1803.904 Procedures for filing complaints.

1803.905 Procedures for investigating complaints.

1803.906 Remedies.

circuit in which the reprisal is alleged in the order to have occurred. No petition seeking such review may be filed more than 60 days after issuance of the order by the head of the agency or designee. Review shall conform to chapter 7 of title 5, Unites States Code. Filing such an appeal shall not act to stay the enforcement of the order by the head of an agency, unless a stay is specifically entered by the court.

1803.907 Classified information.
Nothing in this subpart provides any rights to disclose classified information not otherwise provided by law.

1803.970 Contract clause.
Use the clause at 1852.203-71, Requirement to Inform Employees of Whistleblower Rights, in all solicitations and contracts.

Subpart 1803.70--IG Hotline Posters

1803.7000 Policy.
NASA requires contractors to display NASA hotline posters prepared by the NASA Office of Inspector General on those contracts specified in 1803.7001, so that employees of the contractor having knowledge of waste, fraud, or abuse, can readily identify a means to contact NASA's IG.

1803.7001 Contract clause.
Contracting officers must insert the clause at 1852.203-70, Display of Inspector General Hotline Posters, in solicitations and contracts expected to exceed $5,000,000 and performed at contractor facilities in the United States.

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