U.S. flag
          An official website of the United States Government  Main navigation
  

        

              Data Initiatives
                              Regulations
                                                                        Row 1
                                              FAR FAR
                              Smart Matrix Smart Matrix
                              Chapter 99 (CAS) Chapter 99 (CAS)
                              Row 2
                                              DFARS DFARS
                              DFARSPGI DFARSPGI
                              AFARS AFARS
                              DAFFARS DAFFARS
                              DAFFARS MP DAFFARS MP
                              DARS DARS
                              DLAD DLAD
                              NMCARS NMCARS
                              Row 3
                                              SOFARS SOFARS
                              TRANSFARS TRANSFARS
                              AGAR AGAR
                              AIDAR AIDAR
                              CAR CAR
                              DEAR DEAR
                              DIAR DIAR
                              DOLAR DOLAR
                              Row 4
                                              DOSAR DOSAR
                              DTAR DTAR
                              EDAR EDAR
                              EPAAR EPAAR
                              FEHBAR FEHBAR
                              GSAM/R GSAM/R
                              HHSAR HHSAR
                              HSAR HSAR
                              Row 5
                                              HUDAR HUDAR
                              IAAR IAAR
                              JAR JAR
                              LIFAR LIFAR
                              NFS NFS
                              NRCAR NRCAR
                              TAR TAR
                              VAAR VAAR
                              Tools
                                                                        Archives
                              Smart Matrix
                              Regulations Search
                              Acquisition Regulation Comparator (ARC)
                              Policy Network
                                                                        CAOC
                              CAAC
                              FAR Council
                              ISDC
 Breadcrumb
        Home
                            Regulations
                            DOLARS
                            PART 2903 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
        
                  HTML
DOLARPart Number: 2903
        
                  

                                
                  
        Department of Labor Acquisition Regulation
« PreviousNext »
PART 2903 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST       Authority:                            5 U.S.C. 301, 40 U.S.C. 486(c).          Source:                            69 FR 22991, Apr. 27, 2004, unless otherwise noted.                                       Subpart 2903.1 - Safeguards                                                         2903.101 Standards of conduct.                                                            2903.101-1 General.                                                            2903.104 Procurement integrity.                                                            2903.104-3 Definitions.                                                            2903.104-5 Disclosure, protection, and marking of contractor bid or proposal information and source selection information.                                                            2903.104-7 Violations or possible violations of standards of conduct.                                                                             Subpart 2903.2 - Contractor Gratuities to Government Personnel                                                         2903.203 Reporting suspected violations of the Gratuities clause.                                                            2903.204 Treatment of violations.                                                                             Subpart 2903.6 - Contracts With Government Employees or Organizations Owned or Controlled by Them                                                         2903.601 Policy.                                                            2903.602 Exceptions.    **Parent topic:**  SUBCHAPTER A - GENERALSubpart 2903.1 - Safeguards    2903.101 Standards of conduct.2903.101-1 General.       The statutory prohibitions and their application to DOL personnel are discussed in the Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR part 2635 and the supplemental DOL standards of conduct, 5 CFR part 5201. All DOL personnel involved in acquisitions must become familiar with these statutory prohibitions. Any questions concerning them must be referred to an Agency Ethics Official in the Office of the Solicitor. In addition to criminal penalties, the statutes provide that transactions entered into in violation of these prohibitions are voidable (18 U.S.C. 218). Any suspected violations must be reported promptly to the Office of the Inspector General.2903.104 Procurement integrity.2903.104-3 Definitions.       *Agency ethics official* means the Solicitor or the Associate Solicitor for Legislation and Legal Counsel.2903.104-5 Disclosure, protection, and marking of contractor bid or proposal information and source selection information.       (a) Government employees serving in the following positions are authorized access to proprietary or source selection information, but only to the extent necessary to perform their official duties:          (1) Personnel participating in technical evaluation panels (i.e., source selection board) or personnel evaluating an offeror's or bidder's technical or cost proposal under other competitive procedures, and personnel evaluating protests.          (2) Personnel assigned to the contracting office.          (3) The initiator of the procurement request (to include the official having principal technical cognizance over the requirement).          (4) Small business specialists.          (5) Personnel assigned to the Office of the Solicitor.          (6) Personnel assigned to the Department of Labor's Division of Cost Determination and the Defense Contract Audit Agency.          (7) Personnel assigned to the Division of Acquisition Management Services.          (8) Members of the Procurement Review Board.          (9) The Office of the Inspector General.          (10) Other Government employees authorized by the contracting officer.          (11) Supervisors, at any level, of the personnel listed in this paragraph (a).          (b) The originator of information that may be source selection information must consult with the contracting officer or the procurement officer, who must determine whether the information is source selection information. DOL personnel responsible for preparing source selection information as defined in FAR 2.101 must assure that the material is marked with the legend in FAR 3.104-4 at the time the material is prepared.          (c) Unless marked with the legend “SOURCE SELECTION INFORMATION - SEE FAR 3.104-4,” draft specifications, purchase descriptions, and statements of work could erroneously be released during a market survey in order to determine the capabilities of potential competitive sources (see FAR 7.1 and FAR 10).2903.104-7 Violations or possible violations of standards of conduct.       (a) The Senior Procurement Executive is the individual designated to receive the contracting officer's report of violations.          (b) The HCA or designee must refer all information describing an actual or possible violation to the Associate Solicitor for Legislation and Legal Counsel, the Senior Procurement Executive, and Inspector General staff.Subpart 2903.2 - Contractor Gratuities to Government Personnel    2903.203 Reporting suspected violations of the Gratuities clause.       Contractor gratuities offered to Government personnel are subject to the restriction under the Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR part 2635.2903.204 Treatment of violations.       Any suspected violations of FAR subpart 3.2 and the clause at FAR 52.203-3, Gratuities, must be reported to the Office of the Inspector General. The authority to determine whether a violation of the Gratuities clause by the contractor, its agent, or another representative, has occurred and the appropriate remedies are delegated to the HCA.Subpart 2903.6 - Contracts With Government Employees or Organizations Owned or Controlled by Them    2903.601 Policy.       In addition to restrictions placed on current Federal government employees, 18 U.S.C. 207 places some restrictions on contracting with former officers, employees, and elected officials of the executive and legislative branches. Under these prohibitions, contracts with former employees are prohibited for a period of one year from the date of severance of duties, unless an exception is granted as set forth in 2903.602.2903.602 Exceptions.       (a) In accordance with FAR 3.602, only when there is a most compelling reason to do so, is the Assistant Secretary for Administration and Management authorized to except a contract from the policy in FAR 3.601, after the Procurement Review Board and the agency ethics official have reviewed and recommended approval of the exception. However, when time does not permit, the Assistant Secretary for Administration and Management may unilaterally approve an exception. The exception and information supporting the exception must be provided to the contracting officer for their official records.          (b) When an exception under this subpart is requested, it is submitted through the director of the cognizant program office to the HCA. In the procurement request, the director must describe the basis for the exception from the restrictions of FAR 3.601.          (c) Except as allowed in paragraph (a) of this section, the Department of Labor may enter into a negotiated contract or an amendment to an existing contract with former employees of DOL within one year of separation (or with firms in which former employees are known to have a substantial interest) only after review and recommendation for approval by the agency ethics official, the Procurement Review Board, and written approval by the Assistant Secretary for Administration and Management.          (d) Approval of a decision to grant an exception as provided in this section must be documented by a written findings and determination prepared by the requesting official for signature by the Assistant Secretary for Administration and Management. The determination and findings must document compliance with FAR 3.603, FAR 9.5 and DOLAR  2909.5; specify the compelling reason(s) for award; and be placed in the contract files and the files of the Policy Review Board.
« PreviousNext »
FavoriteX

      DOLAR Parts
            Regulations Dolar Menu
  

        
      Index
                              2900
                              2901
                              2902
                              2903
                              2904
                              2905
                              2906
                              2907
                              2908
                              2909
                              2910
                              2911
                              2912
                              2913
                              2914
                              2915
                              2916
                              2917
                              2918
                              2919
                              2920
                              2922
                              2923
                              2924
                              2928
                              2929
                              2930
                              2931
                              2932
                              2933
                              2934
                              2936
                              2937
                              2938
                              2942
                              2943
                              2944
                              2945
                              2946
                              2952
                              2953
                              2954

      ×
        Data Initiatives
                                                              Regulations
                                                              Tools
                                              Archives
                                                              Smart Matrix
                                                              Regulations Search
                                                              Acquisition Regulation Comparator (ARC)
                                                              Policy Network
                                              CAO.gov
                                                        CAO Home
                                                              Council Member
                                                                    Large Agencies
                                                              Small Agencies
                                                              Council Defining Documents
                                                                    CAOC History
                                                              CAOC Charter
                                                              Civilian Agency Acquisition Council (CAAC)
                                                              Federal Acquisition Regulatory Council
                                                              Interagency Suspension and Debarment Committee (ISDC)
                                                              Search
 ˄ Top Sign up for FAR News

                            Share the FAR
                        Upper Footer Menu
  

        
      Useful Links
                              FAR Resources
                              Training
                              Acquisition Systems
            
                            **Contact Us/FAQs**
                        **Privacy and Security Notice**
                        **Accessibility Aids**
                        **Last Updated 03/29/2024**
 ACQUISITION.GOV
                An official website of the General Services Administration About GSA
                Accessibility support
                FOIA requests
                No FEAR Act data
                Office of the Inspector General
                Performance reports
                Privacy policy Looking for U.S. government information and services?
            Visit USA.gov
 «
    
    Tt