# MP5303 Improper Business Practices and Personal Conflicts of Interest

#### Mandatory Procedure

MP5303
Improper Business Practices and Personal Conflicts of Interest

##### [Revised July 14, 2011]

MP5303.104-6 Ethics Advisory Opinions Regarding Prohibitions on a Former Official’s Acceptance of Compensation from a Contractor

(a) An employee who becomes aware of the need to disqualify themselves from participation in an acquisition to which they have been assigned should in accordance with DoD 5500.7-R paragraph 2-204c, 5 CFR 2635.604(b), and FAR 3.104-6 provide a written request for disqualification to their supervisor. This request should be routed through the servicing contracting office and staff judge advocate offices. The request will include the following data:

(1) Name of requestor;

(2) Current position/job title;

(3) Projected retirement date;

(4) Description of current or projected involvement with ongoing programs or new acquisitions for sought disqualification;

(5) Impact on program/unit mission if disqualification is granted;

(6) Proposed replacement individual for official acquisition duties; and

(7) Commander/Director recommendation.

(b) If the individual is serving as the chair of a source selection advisory council, under an active source selection, their “supervisor” for this purpose is the source selection authority.

(c) If the source selection authority is the MAJCOM/FOA/DRU/CC or CV, the request for disqualification shall be coordinated through the MAJCOM/FOA/DRU JA and the SCO/SCCO.

MP5303.104-7 Violations or Possible Violations

The contracting officer shall provide a copy of the information and documentation generated under FAR 3.104-7 to SAF/GCR.

(a)(1) The contracting officer shall forward the information and documentation required by FAR 3.104-7(a)(1) to the clearance approval authority (AFFARS 5301.9001(g)) of the affected procurement to review the contracting officer’s determination that there is no impact on the procurement concerning violations or possible violations.

(g) HCA delegations: This HCA responsibility is retained by SAF/AQC but may be delegated on a case-by-case basis. The delegee must be of General Officer, Flag, or Senior Executive Service, or equivalent rank. Requests for delegation of this HCA responsibility must be sent to SAF/AQC, safaqc.workflow@pentagon.af.mil.

MP5303.6 Contracts with Government Employees or Organizations Owned or Controlled by Them

MP5303.602 Exceptions

Requests for exception to FAR 3.601 shall be signed by the SCO/SCCO and submitted for approval to safaqc.workflow@pentagon.af.mil for Head of the Contracting Activity (HCA) for approval. The SCO/SCCO should review each contract action on a case-by-case basis to ensure no viable alternatives exist and that every effort is made to avoid any conflict of interest between the employees' interests and their government duties. Requests shall address the following:

(1) Description of requirement;

(2) Amount of the proposed contract and period of performance or delivery date;

(3) Contracting officer’s basis for determining the price fair and reasonable;

(4) Apparent contract awardee -- Government employee’s name, grade/rank, duty/position title, organization and Date of Expected Return from Overseas (DEROS);

(5) Determination that there is no conflict of interest;

(6) Explanation of the compelling reason why Government’s needs cannot otherwise reasonably be met (include description of efforts to obtain services from non-government personnel); and

(7) For recurring requirements, describe the steps that will be taken to avoid future awards to a Government employee.

MP5303.7 Voiding and Rescinding Contracts

MP5303.705 Procedures

(a) The contracting officer shall forward the facts concerning a final conviction, to include a copy of the conviction, to SAF/GCR within 30 days after learning of the conviction. The contracting officer shall forward the report to the SCO within 10 calendar days after the contracting activity learns of the conviction.