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PART 3003 IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST


PART 3003 IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST


PART 3003 IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST


Subpart 3003.1 Safeguards
3003.101 Standards of conduct.
3003.101-3 Agency regulations.
Subpart 3003.2 Contractor Gratuities to Government Personnel
3003.203 Reporting suspected violations of the Gratuities clause.
3003.204 Treatment of violations.
Subpart 3003.3 Reports Of Suspected Antitrust Violations
3003.301 General.
Subpart 3003.4 Contingent Fees
3003.405 Misrepresentations or violations of the Covenant Against Contingent Fees.
Subpart 3003.5 Other Improper Business Practices
3003.502 Subcontractor kickbacks.
3003.502-2 Subcontractor kickbacks.
Subpart 3003.9 Whistleblower Protections for Contractor Employees
3003.901 Definitions.

Subpart 3003.1 Safeguards

3003.101 Standards of conduct.

3003.101-3 Agency regulations.

Government-wide and Department of Homeland Security regulations governing the conduct and responsibilities of employees are contained in 5 CFR Part 2635, and MD 0480.1, Ethics/Standards of Conduct or any replacement Management Directive.

Subpart 3003.2 Contractor Gratuities to Government Personnel

3003.203 Reporting suspected violations of the Gratuities clause.

(a) Suspected violations shall be reported to the contracting officer responsible for the acquisition (or the COCO if the contracting officer is suspected of the violation). The contracting officer (or the COCO) shall obtain from the person reporting the violation, and any witnesses to the violation, the following information:

(3) The details of the violation (e.g., the gratuity offered or intended) to obtain a contract or favorable treatment under a contract.

(4) The person reporting the violation and witnesses (if any) shall be requested to sign and date the information certifying that the information furnished is true and correct.

(b) The contracting officer shall submit the report to the COCO (unless the alleged violation was directly reported to the COCO) and the Head of the Contracting Activity (HCA) for further action. The COCO and HCA will determine, with the advice of OE legal counsel, whether the case warrants submission to the OIG, or other investigatory organization.

3003.204 Treatment of violations.

(a) The HCA is the individual to determine whether a Gratuities clause violation has occurred. If the HCA has been personally and substantially involved in the specific procurement, the advice of Government legal counsel should be sought to determine whether an alternate decision maker should be designated.

(b) The COCO shall ensure that the hearing procedures required by (FAR) 48 CFR 3.204(b) are afforded to the contractor. Government legal counsel shall be consulted regarding the appropriateness of the hearing procedures that are established.

(c) If the HCA determines that the alleged gratuities violation occurred during the "conduct of an agency procurement" the COCO shall consult with Government legal counsel regarding appropriate action.

Subpart 3003.3 Reports Of Suspected Antitrust Violations

3003.301 General.

(b) The procedures at (HSAR) 48 CFR 3003.203 shall be followed for suspected antitrust violations, except reports of suspected antitrust violations shall be coordinated with legal counsel for referral to the Department of Justice, if deemed appropriate.

Subpart 3003.4 Contingent Fees

3003.405 Misrepresentations or violations of the Covenant Against Contingent Fees.

(a) The procedures at (HSAR) 48 CFR 3003.203 shall be followed for misrepresentation or violations of the covenant against contingent fees.

(b)(4) The procedures at (HSAR) 48 CFR 3003.203 shall be followed for misrepresentation or violations of the covenant against contingent fees, except reports of misrepresentation or violations of the covenant against contingent fees shall be

coordinated with legal counsel for referral to the Department of Justice, if deemed appropriate.

Subpart 3003.5 Other Improper Business Practices

3003.502 Subcontractor kickbacks.

3003.502-2 Subcontractor kickbacks.

(g) The DHS OIG shall receive the prime contractor or subcontractors written report.

Subpart 3003.9 Whistleblower Protections for Contractor Employees

3003.901 Definitions.

Authorized oficial of an agency means the Department of Homeland Security's CPO.

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