AFARS PART 5103

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Subpart 5103.1 -- Safeguards

Subpart 5103.2 -- Contractor Gratuities to Government Personnel

Subpart 5103.3 -- Reports of Suspected Antitrust Violations

Subpart 5103.6 -- Contracts with Government Employees or Organizations Owned or Controlled by Them

Subpart 5103.8 -- Limitation on the Payment of Funds to Influence Federal Transactions


AFARS -- Part 5103

Improper Business Practices and Personal Conflicts of Interest


Subpart 5103.1 -- Safeguards

5103.104 -- Procurement Integrity.

5103.104-4 -- Definitions.

The General Counsel of the Army (SAGC), as the Army's designated agency ethics official, has delegated to the senior ethics counselor of each major command and of each field operating agency authority to provide consultation and advice under 5103.104-6(f) and 5103.104-8(e). This authority may be further delegated to other ethics counselors.

5103.104-7 - Ethics advisory opinions regarding prohibitions on a former official's acceptance of compensation from a contractor.

(c) Ethics advisory opinions. The issuance of advice is reserved to an Ethics Counselor who has been delegated (or redelegated) such authority from the designated agency ethics official.

5103.104-10 -- Violations or Possible Violations.

(a)

(b) Upon receipt of information, the HCA or designee must take appropriate action after consulting with the contracting officer and legal counsel.

(f) Verify receipt of the notification by the agency head before authorizing award of the contract or execution of the contract modification.

Subpart 5103.2 -- Contractor Gratuities to Government Personnel

5103.201 -- Applicability.

This subpart establishes procedures pursuant to the Gratuities clause in FAR 52.203-3. To the extent practicable, hearings should be held concurrently with any debarment proceedings initiated. See FAR Subpart 9.4.

5103.203 -- Reporting Suspected Violations of the Gratuities Clause.

(a) When information is received indicating that action under the Gratuities clause may be appropriate, send it for evaluation and appropriate action to the military commander having jurisdiction over the contract (exempt report, AR 335-15, paragraph 5-2).

5103.204 -- Treatment of Violations.

(a)

Subpart 5103.3 -- Reports of Suspected Antitrust Violations

5103.304 -- Interagency Coordinations Concerning Business Mergers and Acquisitions.

(a) The DoD position concerning the impact of a business merger or acquisition on national security (including the impact on the Department and on the defense industrial base) will be determined at the level of the Under Secretary of Defense (Acquisition & Technology) or higher. Only the Secretary of Defense, the Deputy Secretary of Defense, and the Under Secretary of Defense (Acquisition, Technology & Logistics), or, on behalf of the foregoing, the Assistant Secretary of Defense for Economic Security or the DoD General Counsel, are authorized to communicate the DoD position to the media or to the two federal agencies responsible for enforcement of the antitrust laws, i.e., the Department of Justice and the Federal Trade Commission (the "antitrust agencies").

(b) No member of the Department of the Army may communicate, either to the antitrust agencies or to the media, any official position concerning the impact that a particular merger or acquisition will have or may have on national security, unless delegated specific authority for such purpose.

(c) In connection with litigation, only the DoD General Counsel or his designee will communicate the DoD position concerning the impact that a particular merger or acquisition will or may have on national security.

(d) It is Army policy to cooperate with the antitrust agencies as they review a merger or acquisition involving an Army supplier. Department of the Army personnel may provide factual information (such as past and anticipated future sources and quantities of supply for particular products) to the antitrust agencies, provided that such communication is coordinated in advance with the Assistant Secretary of Defense for Economic Security and the DoD General Counsel.

(e) Army personnel are authorized to respond directly to requests for information received from the office of the Assistant Secretary of Defense for Economic Security or from the DoD General Counsel's office. The Office of the Army General Counsel (Army OGC), telephone (703) 697-5120, will provide liaison with DoD on mergers and acquisitions when requested.

(f) Army support for, or opposition to, a proposed merger or acquisition will be determined at HQ DA, after appropriate coordination and approval in the Office of the Secretary of Defense. Army personnel who have information or opinions relevant to development of the Army position should forward their input, in coordination with local counsel, to the Assistant Secretary of the Army (Acquisition, Logistics and Technology) or to the Army OGC.

Subpart 5103.6 -- Contracts with Government Employees or Organizations Owned or Controlled by Them

5103.602 -- Exceptions.

Only HCAs may authorize exceptions to the policy in FAR 3.601.

Subpart 5103.8 -- Limitation on the Payment of Funds to Influence Federal Transactions

5103.806 -- Processing Suspected Violations.

See AR 27-40, paragraph 8-4.

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