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
                            DEARS
                            PART 903 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
        
                  HTML
DEARPart Number: 903
        
                  

                                
                  
        Department of Energy Acquisition Regulation
« PreviousNext »
PART 903 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST       Authority:                            42 U.S.C. 7101  and 50 U.S.C. 2401          Source:                            49 FR 11940, Mar. 28, 1984, unless otherwise noted.                                       Subpart 903.1 - Safeguards                                                         903.101 Standards of conduct.                                                            903.101-3 Agency regulations.                                                            903.104-1 Definitions.                                                            903.104-7 Violations or possible violations.                                                                             Subpart 903.2 - Contractor Gratuities to Government Personnel                                                         903.203 Reporting suspected violations of the Gratuities clause.                                                            903.204 Treatment of violations.                                                                             Subpart 903.3 - Reports of Suspected Antitrust Violations                                                         903.303 Reporting suspected antitrust violations.                                                                             Subpart 903.4 - Contingent Fees                                                         903.405 Misrepresentations or violations of the Covenant Against Contingent Fees.                                                                             Subpart 903.5 - Other Improper Business Practices                                                         903.502 Subcontractor kickbacks.                                                                             Subpart 903.6 - Contracts With Government Employees or Organizations Owned or Controlled by Them                                                         903.603 Responsibilities of the contracting officer.                                                                             Subpart 903.7 - Voiding and Rescinding Contracts                                                         903.700 Scope of subpart.                                                                             Subpart 903.9 - Whistleblower Protections for Contractor Employees                                                         903.900 Scope of subpart.                                                            903.901 Definition.                                                            903.902 Applicability.                                                            903.970 Remedies.                                                            903.971 Contract clause.                                                                             Subpart 903.10 - Contractor Code of Business Ethics and Conduct                                                         903.1004 Contract clauses.    **Parent topic:**  SUBCHAPTER A - GENERALSubpart 903.1 - Safeguards    903.101 Standards of conduct.903.101-3 Agency regulations.       Detailed rules applicable to the conduct of DOE employees are set forth in 10 CFR part 1010.903.104-1 Definitions.       As used in this section and for the purposes of the post-employment restrictions at 48 CFR 3.104-2(b)(3) -          *Deputy program manager* means the individual within DOE who normally acts as the program manager in the absence of the program manager, and does not mean an individual who occasionally acts for the program manager or the deputy program manager.          *Program manager* means the individual within DOE who:                    (1)  			Exercises authority on a day-to-day basis to manage an acquisition program -                    (i)  			For a system attained through the acquisition process; and          (ii) With one or more contracts, at least one of which has a value exceeding $10,000,000; and          (2) Is generally the person at the lowest organizational level who has authority to make technical and budgetary decisions on behalf of DOE.          *System* means a combination of elements that function together to produce the capabilities required to fulfill a mission need, including, but not limited to hardware, equipment, software, or any combination thereof.903.104-7 Violations or possible violations.       (a) Except for Headquarters activities, the individual within DOE responsible for fulfilling the requirements of 48 CFR 3.104-7(a)          (1)  			and (2), relative to contracting officer conclusions on the impact of a violation or possible violation of subsections 27 (a), (b), (c) or (d) of the Office of Federal Procurement Policy Act, shall be the legal counsel assigned direct responsibility for providing legal advice to the contracting office making the award or selecting the source. The legal counsel is the Chief Counsel for the Operations Offices or the Federal Energy Technology Center; the Counsel, or the Chief Counsel, for the Support Offices or the Naval Reactors Offices; the General Counsel for National Nuclear Security Administration (NNSA), and the General Counsel for the Power Administrations. For Headquarters activities, the individual designated to perform the responsibilities in 48 CFR 3.104-7(a)          (1)  			and (2) regarding questions of disclosure of proprietary or source selection information is the Assistant General Counsel for Procurement and Financial Assistance. The designated individual for other questions regarding 48 CFR 3.104-7(a)          (1)  			and (2) for Headquarters activities is the Agency Ethics Official (Designated Agency Ethics Official).Subpart 903.2 - Contractor Gratuities to Government Personnel    903.203 Reporting suspected violations of the Gratuities clause.       (a) Suspected violations of the Gratuities clause shall be reported to the Head of the Contracting Activity (HCA) in writing detailing the circumstances. The HCA will evaluate the report and, if the report appears to substantiate the allegations, the matter will be referred to the Senior Procurement Executive for disposition.903.204 Treatment of violations.       Apparent violations will be processed in accordance with the debarment and suspension rules set forth at Title 10, part 1035, of the Code of Federal Regulations.Subpart 903.3 - Reports of Suspected Antitrust Violations    903.303 Reporting suspected antitrust violations.       (a) Potential anti-competitive practices, such as described in 48 CFR 3.301, and antitrust law violations as described in 48 CFR 3.303, evidenced in bids or proposals, shall be reported to the Office of General Counsel through the Head of the Contracting Activity with a copy to the Senior Procurement Executive. The Office of General Counsel will provide reports to the Attorney General, as appropriate.Subpart 903.4 - Contingent Fees    903.405 Misrepresentations or violations of the Covenant Against Contingent Fees.       (b) Before the Chief of the Contracting Office initiates appropriate action, the action shall be reviewed by Legal Counsel.Subpart 903.5 - Other Improper Business Practices    903.502 Subcontractor kickbacks.       Contracting officers shall report suspected violations of the Anti-Kickback Act through the Head of the Contracting Activity, or designee, to the Office of General Counsel.Subpart 903.6 - Contracts With Government Employees or Organizations Owned or Controlled by Them    903.603 Responsibilities of the contracting officer.       (a) When the needs of the Government cannot be reasonably supplied by sources other than employees of the Government or sources which are substantially owned or controlled by Government employees, the contracting officer, in accordance with 48 CFR 3.602, may submit, through the HCA, a request to the Senior Procurement Executive, with appropriate justification, for approval of an exception to the prohibitions contained in 48 CFR 3.601.Subpart 903.7 - Voiding and Rescinding Contracts    903.700 Scope of subpart.       The HCA is the designee for determining whether to void or rescind a contract. This authority is nondelegable.Subpart 903.9 - Whistleblower Protections for Contractor Employees       Source:                               65 FR 81005, Dec. 22, 2000, unless otherwise noted.    903.900 Scope of subpart.       This subpart implements the DOE Contractor Employee Protection Program as set forth at 10 CFR part 708. Part 708 establishes criteria and procedures for the investigation, hearing, and review of allegations from DOE contractor employees of employer reprisal resulting from employee disclosure of information to DOE, to Members of Congress, or to the contractor; employee participation in proceedings before Congress or pursuant to this subpart; or employee refusal to engage in illegal or dangerous activities, when such disclosure, participation, or refusal pertains to employer practices which the employee believes to be unsafe; to violate laws, rules, or regulations; or to involve fraud, mismanagement, waste, or abuse.903.901 Definition.       Contractor, as used in this subpart, has the meaning contained in 10 CFR 708.2.903.902 Applicability.       10 CFR part 708 is applicable to complaints of retaliation filed by employees of contractors, and subcontractors, performing work on behalf of DOE directly related to DOE-owned or leased facilities, if the complaint stems from a disclosure, participation, or refusal described in 10 CFR 708.5.903.970 Remedies.       (a) Contractors found to have retaliated against an employee in reprisal for such disclosure, participation or refusal are required to provide relief in accordance with decisions issued under 10 CFR part 708.          (b) 10 CFR part 708 provides that for the purposes of the Contract Disputes Act (41 U.S.C. 605 and 606), a final decision issued pursuant to 10 CFR part 708 shall not be considered to be a claim by the Government against a contractor or a decision by the contracting officer subject to appeal. However, a contractor's disagreement and refusal to comply with a final decision could result in a contracting officer's decision to disallow certain costs or to terminate the contract for default. In such case, the contractor could file a claim under the Disputes clause of the contract regarding the disallowance of cost or the termination of the contract.903.971 Contract clause.       The contracting officer shall insert the clause at 952.203-70, Whistleblower Protection for Contractor Employees, in contracts that involve work to be done on behalf of DOE directly related to activities at DOE-owned or leased sites.Subpart 903.10 - Contractor Code of Business Ethics and Conduct    903.1004 Contract clauses.       (b)(2)(ii) Insert the DOE Web site address *http://ig.energy.gov/hotline.htm* in paragraph (b)(3) of the 48 CFR 52.203-14 clause, Display of Hotline Poster(s).
« PreviousNext »
FavoriteX

      DEAR Parts
            Regulations Dears Menu
  

        
      Index
                              900
                              901
                              902
                              903
                              904
                              905
                              906
                              907
                              908
                              909
                              911
                              912
                              913
                              914
                              915
                              916
                              917
                              919
                              922
                              923
                              924
                              925
                              926
                              927
                              928
                              931
                              932
                              933
                              935
                              936
                              937
                              939
                              941
                              942
                              945
                              947
                              949
                              950
                              951
                              952
                              970
                              971

      ×
        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