# AFFARS PART 5303Improper Business Practices and Personal Conflicts of Interest

- PART 5303
  Improper Business Practices and Personal Conflicts of Interest

- SUBPART 5303.1 — SAFEGUARDS

- 5303.104 Procurement Integrity (No Text)

- 5303.104-3 Statutory and related prohibitions, restrictions, and requirements
- 5303.104-4 Disclosure, protection, and marking of contractor bid or proposal information and source selection information
- 5303.104-6 Ethics advisory opinions regarding prohibitions on a former official’s acceptance of compensation from a contractor
- 5303.104-7 Violations or possible violations
- 5303.104-9 Contract clauses

- SUBPART 5303.2 — CONTRACTOR GRATUITIES TO GOVERNMENT PERSONNEL

- 5303.204 Treatment of violations
- 5303.602 Exceptions

- SUBPART 5303.7 — VOIDING AND RESCINDING CONTRACTS

- 5303.705 Procedures

- SUBPART 5303.10 – CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

- 5303.1003 Requirements

PART 5303
Improper Business Practices and Personal Conflicts of Interest

[Revised August 3, 2009]

SUBPART 5303.1 — SAFEGUARDS

5303.104 Procurement Integrity (No Text)

5303.104-3 Statutory and related prohibitions, restrictions, and requirements

(c)(1)(ii) ASAF(A) has the authority to permit HCAs to resume participation in the procurement. HCAs are authorized to permit individuals to resume participation in procurements under their cognizance.

5303.104-4 Disclosure, protection, and marking of contractor bid or proposal information and source selection information

Any individuals requiring access to source selection information as a result of participating on a source selection or in the performance of their duties shall sign a Source Selection Non-Disclosure Agreement (See MP5315.3, Attachment 1). The Source Selection Non-Disclosure Agreement may be used on an annual basis for individuals who must have access to SSI in the performance of their official duties throughout the year, whether or not they participate as part of the actual source selection team.

5303.104-6 Ethics advisory opinions regarding prohibitions on a former official’s acceptance of compensation from a contractor

Follow MP5303.104-6 for requesting disqualification from participation in an acquisition.

5303.104-7 Violations or possible violations

Follow MP5303.104-7 for the preparation and processing of contracting officer’s determination of violations or possible violations on specific procurements.

5303.104-9 Contract clauses

(b) If information received under FAR 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity, indicates that a price or fee adjustment may be appropriate, the contracting officer shall notify SAF/GCR.

SUBPART 5303.2 — CONTRACTOR GRATUITIES TO GOVERNMENT PERSONNEL

5303.204 Treatment of violations

(a) SAF/GCR is authorized to conduct hearings and make findings of fact in accordance with FAR 3.204(a). If a hearing is held, SAF/GCR will provide recommendations to ASAF(A).

SUBART 5303.6 — CONTRACTS WITH GOVERNMENT EMPLOYEES OR ORGANIZATIONS OWNED OR CONTROLLED BY THEM

5303.602 Exceptions

HCAs have the authority to authorize exceptions to the policy in FAR 3.601. Follow MP5303.602 for exception to FAR 3.601.

SUBPART 5303.7 — VOIDING AND RESCINDING CONTRACTS

5303.705 Procedures

Follow MP5303.705 for reporting requirements.

SUBPART 5303.10 – CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

5303.1003 Requirements

(b)(2)(i) Upon Receipt of the required disclosure or any notification, contracting officers, working with legal counsel, must ensure that appropriate steps are taken to preserve remedies available to the government. Contracting Officers also must consider how the disclosed information may impact pending contract actions in terms of the contractor’s present responsibility, and/or the contractor’s past performance. The contracting officer shall promptly provide a copy of any disclosure or notification received to SAF/GCR using the procedures at 5309.406-3.

(b)(2)(ii) The government must safeguard and treat the information obtained pursuant to a contractor’s disclosure or notification as confidential where the information has been marked as “confidential” or “proprietary” by the company. Even if the information is not marked, the contracting officer should not publicly disclose the information without prior notification to the contractor.