PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

TABLE OF CONTENTS

PART 3 -- IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

SUBPART 3.1 — SAFEGUARDS

3.101 Standards of conduct.

3.101-3 Agency regulations.

3.104-3 Statutory and related prohibitions, restrictions, and requirements.

3.104-4 Disclosure, protection, and marking of contractor bid or proposal information and source selection information.

3.104-6 Ethics advisory opinions regarding prohibitions on a former officials acceptance of compensation from a contractor.

3.104-7 Violations or possible violations.

SUBPART 3.2 — CONTRACTOR GRATUITIES TO GOVERNMENT PERSONNEL

3.203 Reporting suspected violations of the gratuities clause.

SUBPART 3.3 — REPORTS OF SUSPECTED ANTITRUST VIOLATIONS

3.301 General.

SUBPART 3.6 — CONTRACTS WITH GOVERNMENT EMPLOYEES OR ORGANIZATIONS OWNED OR CONTROLLED BY THEM

3.602 Exceptions.

SUBPART 3.7 — VOIDING AND RESCINDING CONTRACTS

3.705 Procedures.

SUBPART 3.8 — LIMITATIONS ON THE PAYMENT OF FUNDS TO INFLUENCE FEDERAL TRANSACTIONS

203.806 Processing suspected violations.

SUBPART 3.9 — WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR EMPLOYEES

3.906 Remedies.

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PART 3 -- IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

SUBPART 3.1 — SAFEGUARDS

3.101 Standards of conduct.

3.101-3 Agency regulations.

The DoD Directive 5500.07, Standards of Conduct, DoD 5500.07-R, Joint Ethics Regulation, DISA Instruction 100-50-06, Standards of Ethical Conduct, and DISA Employees’ Guide to the Standards of Conduct, provide extensive agency guidance governing this topic.

Contact General Counsel (GC) with any questions.

3.104-3 Statutory and related prohibitions, restrictions, and requirements.

(S-90) All Agency personnel are required to sign a one-time non-disclosure agreement (NDA) which lasts for the duration of DISA employment. In addition, Contracting Officers will require a separate signed source selection specific NDA for any individual(s) with access to selection sensitive information for which disclosure should be limited.

(S-91) Any e-mail relating to an acquisition (e.g., discussing details or providing requirement documents) must be digitally signed/encrypted. See DISAI 630- 230-30 for e-mail security practices for the transmission of sensitive but unclassified information.

3.104-4 Disclosure, protection, and marking of contractor bid or proposal information and source selection information.

(a) The HCA is delegated the authority to authorize access to contractor bid or proposal or source selection information.

(S-90) All DISA personnel who have access to sensitive acquisition information must ensure proper handling of such information in order to maintain the integrity of the acquisition process. Unclassified sensitive acquisition information shall only be distributed on a “need to know” basis.

(S-91) All emails containing source selection sensitive info shall be sent encrypted and/or password protected. Include the following text in the subject line and at the beginning and end of the e-mail text:

“SOURCE SELECTION INFORMATION – SEE FAR 2.101 & 3.104”.

3.104-6 Ethics advisory opinions regarding prohibitions on a former officials acceptance of compensation from a contractor.

(a) Written request for an ethic advisory opinion shall be submitted to the DISA Designated Agency Ethics Official (DAEO). Per DISAI 100-50-6, the DAEO is the General Counsel.

3.104-7 Violations or possible violations.

(a)(1) The Vice Procurement Services Executive (V/PSE) is the designee.

(2) The contracting officer’s conclusion will be coordinated with GC and submitted to the V/PSE for review and signature

(S-90) Contractor personnel who suspect a violation of the Procurement Integrity Act are encouraged to contact the contracting officer or the DISA Inspector General with a written allegation containing the elements specified in FAR 3.904, Procedures for filing complaints.

SUBPART 3.2 — CONTRACTOR GRATUITIES TO GOVERNMENT PERSONNEL

3.203 Reporting suspected violations of the gratuities clause.

(S-90) Report suspected violations through the CoCO and HCO to the DISA GC and the HCA. DISA GC is the designee.

SUBPART 3.3 — REPORTS OF SUSPECTED ANTITRUST VIOLATIONS

3.301 General.

(b)(2) The DISA GC is the designee.

SUBPART 3.6 — CONTRACTS WITH GOVERNMENT EMPLOYEES OR ORGANIZATIONS OWNED OR CONTROLLED BY THEM

3.602 Exceptions.

The HCA is the designee.

SUBPART 3.7 — VOIDING AND RESCINDING CONTRACTS

3.705 Procedures.

  1. Reporting. The HCA is the designee.
  2. Decision. The HCA is the designee.

SUBPART 3.8 — LIMITATIONS ON THE PAYMENT OF FUNDS TO INFLUENCE FEDERAL TRANSACTIONS

203.806 Processing suspected violations.

(S-90) Forward suspected violations to DISA GC. PL2 will coordinate submittal to Defense Pricing and Contracting/Contract Policy and International Contracting.

SUBPART 3.9 — WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR EMPLOYEES

3.906 Remedies.

(a) The HCA is the designee.