IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
SUBPART 2803.1 - SAFEGUARDS
2803.101-3 Agency Regulations.
2803.104 Procurement integrity.
2803.104-10 Violations or possible violations.
2803.104-70 Ethics program training requirements.
SUBPART 2803.2 - CONTRACTOR GRATUITIES TO GOVERNMENT PERSONNEL
2803.203 Reporting suspected violations of the Gratuities clause.
2803.204 Treatment of violations.
SUBPART 2803.3 - REPORTS OF SUSPECTED ANTITRUST VIOLATIONS
SUBPART 2803.9 - WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR EMPLOYEES
2803.905 Procedures for investigating complaints.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
The DOJ regulations governing Standards of Conduct are contained in 5 CFR Part 2635.
(a) Upon receipt of information of a violation or possible violation of section 27 of the Act, the contracting officer must do the following:
(1) Refer the matter to the Office of the Inspector General or other office designated in Attorney General Order 1931-94; and,
(2) make the determination required by FAR 3.104-10(a) and follow the procedures prescribed therein.
(b) The individual referenced in FAR 3.104-10(a)(1) is the Bureau Procurement Chief.
(c) The HCA must follow the criteria contained in FAR 3.104-10(g) when designating authority under this subpart.
(d) The HCA, or designee, shall refer information regarding actual or possible violations of section 27 of the Act to the Office of the Inspector General or other office designated in Attorney General Order 1931-94 for guidance before taking action.
(e) If the HCA, or designee, receiving the information of a violation, or possible violation, determines that award is justified by urgent and compelling circumstances, or is otherwise in the interest of the Government, then the contracting officer may be authorized to award the contract after notification to the Office of the Inspector General or other office designated in Attorney General Order 1931-94.
(f) The contracting officer will be advised, or directed by the HCA, or designee, as to the action to be taken. The types of actions that would normally be taken when a violation has occurred that affected the outcome of a procurement are listed in FAR 3.104-11(d).
(g) The PE shall be advised of all instances where violations have been determined to have occurred. Information must describe the violation as well as actions taken.
It is the responsibility of the bureaus to provide training for "procurement officials" concerning the requirements of FAR 3.104. The bureau procurement training efforts should be coordinated with the Department's Ethics Official, who is responsible for developing agency ethics training plans, to include briefings on ethics and standards of conduct for employees who are contracting officers and procurement officials. The Ethics Official should be contacted directly to schedule training.
DOJ personnel shall report suspected violations of the gratuities clause to the contracting officer or chief of the contracting office in writing. The report shall clearly state the circumstances surrounding the incident, including the nature of the gratuity, the behavior or action the gratuity was to influence, and the persons involved. The contracting officer, after review, shall forward the report along with his or her recommendations regarding the treatment of the violation in accordance with FAR 3.204(c) to the HCA or designee.
(a) The HCA or designee shall determine whether adverse action against the contractor in accordance with FAR 3.204(c) should be taken. In reaching a decision, the HCA or designee shall consult with the contracting activity's legal advisor and the Office of the Inspector General or other office designated in Attorney General Order 1931-94.
(b) Prior to taking any action against the contractor the HCA or designee shall allow the contractor the opportunity to present opposing arguments in accordance with FAR 3.204(b).
(c) The PE shall be advised of all instances where violations have been determined to have occurred. Information must describe the violation as well as actions taken.
Reports of suspected antitrust violations shall be referred to the AG and PE in accordance with bureau procedures.
(a) The Inspector General shall conduct an investigation and provide a written report of findings to the HCA.
(b) The HCA will ensure that the Inspector General provides the report of finding as specified in FAR 3.905(c).
(c) The complainant and contractor shall be afforded the opportunity to submit a written response to the report of findings within 30 days to the HCA. Extensions of time to file a written response may be granted by the HCA.
(d) The HCA may at any time request additional investigative work be done on the complaint.
(a) Upon determination that a contractor has subjected one of its employees to a reprisal for providing information, the HCA may take one or more actions specified in FAR 3.906(a).
(b) Whenever a contractor fails to comply with an order, the HCA shall request an action be filed for enforcement of such order in the United States district court.