# DLAD PGI PART 3 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

- DLAD PGI PART 3 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

- PGI SUBPART 3.2 - Contractor Gratuities to Government Personnel

- PGI 3.203 Reporting suspected violations of the FAR Gratuities clause 52.203-3.

DLAD PGI PART 3 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

(Revised March 9, 2012 through PROCLTR 2012-25)

PGI SUBPART 3.2 - Contractor Gratuities to Government Personnel

PGI 3.203 Reporting suspected violations of the FAR Gratuities clause 52.203-3.

(a) When the contracting officer receives information indicating that action under the Gratuities clause may be appropriate, follow all applicable procedures set forth in DFARS 203.070. Additionally, send information related to the suspected violation for initial evaluation and appropriate action to the cognizant chief of the contracting office (CCO). A courtesy copy of the information will also be provided to the local field activity office of counsel.

(1) If the initial evaluation by the CCO supports a finding that action may be taken under the contract’s Gratuities clause, the CCO will refer the matter directly to the cognizant HCA and to the DLA Office of the Inspector General with:

(i) The name and address of the contractor, with a statement as to form of organization, including names and addresses of principals.

(ii) Complete contract data, including number, date, estimated day of completion of performance, general description of supplies or services procured, dollar amount, status of performance and payment, urgency of requirements and availability of the supplies or services from other sources.

(iii) A summary of the facts concerning the suspected violation, with names and addresses, dates and references to documentary evidence available.

(iv) The status of any ongoing investigation with the name of the agency conducting the investigation (if not the DLA Office of the Inspector General), with an estimated date upon which the report of investigation will be submitted.

(2) The contracting officer will fully cooperate with the DLA Office of the Inspector General, and is reminded to carefully preserve documentary evidence and exhibits, since action adverse to a contractor under the gratuities clause is subject to review by a competent court.

(3) The DLA Office of the Inspector General will conduct an investigation of the suspected gratuity clause violation as soon as practicable and issue a report of its investigation. A copy of the report will be provided to the cognizant field activity HCA or CCO for contracting offices where the Director, DLA Acquisition (J7), is the HCA, with a courtesy copy to local fraud counsel.

(4) The HCA or CCO, as applicable, will coordinate with local fraud counsel after receiving the report of investigation from the DLA Office of the Inspector General to determine whether further action is necessary.

(i) If no further action is necessary, the HCA or CCO will issue a written determination stating that no action will be taken against the contractor under the Gratuities clause and the basis for such a determination.

(ii) If further action is necessary, the HCA or CCO will coordinate with local fraud counsel to provide the contractor appropriate notice and opportunity for hearing.

(A) If the contractor requests a hearing, the HCA or CCO will schedule and conduct a hearing in coordination with local fraud counsel. Information submitted by the contractor during the hearing will be considered in reaching a final decision.

(B) If the contractor elects not to have a hearing but submits information, that information will be considered in reaching a final decision.

(5) After the contractor is given appropriate notice and opportunity for hearing and a hearing has occurred, the contractor did not request a hearing but submitted information, the contractor did not request a hearing, or failed to appear after requesting a hearing and did not submit information, the HCA or CCO, as applicable, will coordinate with local fraud counsel to determine whether further action is necessary.

(i) If no further action is necessary, the HCA or CCO will issue a written determination stating that no action will be taken against the contractor under the gratuities clause and the basis for such a determination.

(ii) If further action is necessary, the HCA or CCO will coordinate with local fraud counsel and draft a written determination and findings outlining the basis for the determination and the amount of exemplary damages, in accordance with the requirements of FAR 52.203-3(c)(2).

(6) In determining the appropriate action that should be taken, the HCA or CCO, as applicable, will:

(i) Provide a draft copy of the written determination with supporting documentation along with a report summarizing the hearing offered to the contractor and any information provided by the contractor, to the Director, DLA Acquisition (J7), for headquarters review and comment by J7 divisions, DG, and to the DLA Office of the Inspector General.

(7) The determinations required by FAR 52.203-2(a) and FAR 52.203-3(c)(2) will be made by the HCA of each DLA contracting activity.

(8) HCAs approve and sign the determination for their contracting activity. CCOs for contracting offices for which the Director, DLA Acquisition (J7), is the HCA, will forward draft determinations with supporting documentation, including the DLA IG Report and the CCO’s recommendation, to the Director, DLA Acquisition (J7), who is the approval authority for those contracting offices.