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                              HHS Acquisition Regulations (HHSAR)
                              Part 303—Improper Business Practices and Conflicts of Interest
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  HHS Acquisition Regulations
                                            
            
            Part 301—HHS Acquisition Regulation System
    
                                                  
                                            
            
      
      
      
      Part 302—Definitions of Words and Terms
    
                                                  
                                                                  
                          
      
      
      
      Part 303—Improper Business Practices and Personal Conflicts of Interest
    
                                                  
                                            
            
      
      
      
      Part 304—Administrative Matters
    
                                                  
                                            
            
      
      
      
      Part 305—Publicizing Contract Actions
    
                                                  
                                            
            
      
      
      
      Part 306—Competition Requirements
    
                                                  
                                            
            
      
      
      
      Part 307—Acquisition Planning
    
                                                  
                                            
            
      
      
      
      Part 308—Required Sources of Supplies and Services
    
                                                  
                                            
            
      
      
      
      Part 309—Contractor Qualifications
    
                                                  
                                            
            
      
      
      
      Part 310—Market Research
    
                                                  
                                            
            
      
      
      
      Part 311—Describing Agency Needs
    
                                                  
                                            
            
      
      
      
      Part 312—Acquisition of Commercial Items
    
                                                  
                                            
            
      
      
      
      Part 314—Sealed Bidding
    
                                                  
                                            
            
      
      
      
      Part 315—Contracting by Negotiation
    
                                                  
                                            
            
      
      
      
      Part 316—Types of Contracts
    
                                                  
                                            
            
      
      
      
      Part 317—Special Contracting Methods
    
                                                  
                                            
            
      
      
      
      Part 319—Small Business Programs
    
                                                  
                                            
            
      
      
      
      Part 322—Application of Labor Laws to Government Acquisitions
    
                                                  
                                            
            
      
      
      
      Part 323—Renewable Energy Technologies, Occupational Safety
    
                                                  
                                            
            
      
      
      
      Part 324—Protection of Privacy and Freedom of Information
    
                                                  
                                            
            
      
      
      
      Part 326—Other Socioeconomic Programs
    
                                                  
                                            
            
      
      
      
      Part 327—Patents, Data, and Copyrights
    
                                                  
                                            
            
      
      
      
      Part 330—Cost Accounting Standards
    
                                                  
                                            
            
      
      
      
      Part 331—Contract Cost Principles and Procedures
    
                                                  
                                            
            
      
      
      
      Part 332—Contract Financing
    
                                                  
                                            
            
      
      
      
      Part 333—Protests, Disputes, and Appeals
    
                                                  
                                            
            
      
      
      
      Part 334—Major System Acquisition
    
                                                  
                                            
            
      
      
      
      Part 335—Research and Development Contracting
    
                                                  
                                            
            
      
      
      
      Part 336—Construction and Architect-Engineer Contracts
    
                                                  
                                            
            
      
      
      
      Part 337—Service Contracting—General
    
                                                  
                                            
            
      
      
      
      Part 339—Acquisition of Information Technology
    
                                                  
                                            
            
      
      
      
      Part 342—Contract Administration
    
                                                  
                                            
            
      
      
      
      Part 352—Solicitation Provisions and Contract Clauses
    
                                                  
                                            
            
      
      
      
      Part 370—Special Programs Affecting Acquisition
    
                                                  
                                            
            
      
      
      
      Subpart 313.3—Simplified Acquisition MethodsText resize icon

                    




Part 303—Improper Business Practices and Personal Conflicts of Interest








  
  
    

  
      





(SUBCHAPTER A—GENERAL)

**Sections:**

**Subpart 303.1—Safeguards**

	303.101 Standards of conduct.
		303.101-3 Agency regulations.
		303.104-7 Violations or possible violations of the Procurement Integrity Act.
	**Subpart 303.2—Contractor Gratuities to Government Personnel**
	303.203 Reporting suspected violations of the Gratuities clause.
	**Subpart 303.6—Contracts with Government Employees or Organizations Owned or Controlled by Them**
	303.602 Exceptions.
	**Subpart 303.7—Voiding and Rescinding Contracts**
	303.704 Policy.
	**Subpart 303.8—Limitation on the Payment of Funds to Influence Federal Transactions**
	303.808-70 Solicitation provision and contract clause.
	**Subpart 303.10—Contractor Code of Business Ethics and Conduct**Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2).

Subpart 303.1—Safeguards

303.101 Standards of conduct.

303.101-3 Agency regulations.

(a)(3) The HHS Standards of Conduct are prescribed in 45 CFR part 73.

303.104-7 Violations or possible violations of the Procurement Integrity Act.

(a)(1) The contracting officer shall submit to the head of the contracting activity (HCA) for review and concurrence the determination (along with supporting documentation) that a reported violation or possible violation of the statutory prohibitions has no impact on the pending award or selection of a contractor for award.

(2) The contracting officer shall refer the determination that a reported violation or possible violation of the statutory prohibitions has an impact on the pending award or selection of a contractor, along with all related information available, to the HCA. The HCA shall—

(i) Refer the matter immediately to the Associate Deputy Assistant Secretary - Acquisition (ADAS-A) for review, who may consult with the appropriate legal office representative and the Office of Inspector General (OIG) as appropriate; and

(ii) Determine the necessary action in accordance with FAR 3.104–7(c) and (d)*.* The HCA shall obtain the approval or concurrence of the ADAS-A before proceeding with an action.

(b) The HCA (non-delegable) shall act with respect to actions taken under the Federal Acquisition Regulation (FAR) clause at 52.203–10, Price or Fee Adjustment for Illegal or Improper Authority.

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Subpart 303.2—Contractor Gratuities to Government Personnel

303.203 Reporting suspected violations of the Gratuities clause.

HHS personnel shall report suspected violations of the clause at FAR 52.203-3, Gratuities**,** to the contracting officer, who will in turn report the matter to the Office of General Counsel (OGC), Ethics Division for disposition.

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Subpart 303.6—Contracts with Government Employees or Organizations Owned or Controlled by Them

303.602 Exceptions.

The HCA (non-delegable) is the official authorized to approve an exception to the policy stated in FAR 3.601.

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Subpart 303.7—Voiding and Rescinding Contracts

303.704 Policy.

(a) For purposes of supplementing FAR subpart 3.7, the HCA (non-delegable) is the designee. Coordination with the Senior Procurement Executive is required.

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Subpart 303.8—Limitation on the Payment of Funds to Influence Federal Transactions

303.808-70 Solicitation provision and contract clause.

The contracting officer shall insert the clause at 352.203-70, Anti-lobbying, in solicitations and contracts that exceed the simplified acquisition threshold.

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Subpart 303.10—Contractor Code of Business Ethics and Conduct

303.1003 Requirements.

(b) The contracting officer, when notified of a possible contractor violation, in accordance with FAR 3.1003(b), shall notify the OIG and the HCA.

(c)(2) The contracting officer shall specify the title of HHS’ OIG hotline poster and the website where the poster can be obtained in paragraph (b)(3) of the clause at FAR 52.203-14.

Other Sections of the HHSAR:

HHS Acquisition Regulations Table of Contents
	**Previous Part:** Part 302 Definitions of Words and Terms
	**Next Part:** Part 304 Administrative MattersBack to top

                    
  


Content created by Assistant Secretary for Financial Resources (ASFR) Content last reviewed December 18, 2015 Back to top
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