SOFARS PART 5603 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
SUBPART 5603.1 - SAFEGUARDS
(Revised April 2008)
5603.101 Standards of Conduct.
5603.101-3 Agency Regulations.
5603.104 Procurement Integrity.
5603.104-4 Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information.
5603.104-7 Processing Violations or Possible Violations.
5603.170 Business Practices.
SUBPART 5603.5 – OTHER IMPROPER BUSINESS PRACTICES
(Added November 2007)
5603.570 Prohibition on persons convicted of fraud or other defense-contract-related felonies.
5603.570-2 Prohibition period.
5603.570-3 Contract clause.
SUBPART 5603.8 - LIMITATIONS ON THE PAYMENT OF FUNDS TO INFLUENCE FEDERAL TRANSACTIONS
5603.804 Policy.
5603.806 Processing Suspected Violations.
SOFARS PART 5603
IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
5603.101 Standards of Conduct.
5603.101-3 Agency Regulations.
(Revised November 2007)
(a) USSOCOM contracting offices shall adhere to the Standards of Conduct used by the host base. The base servicing legal office will provide advice and counsel on standards of conduct, conflicts of interest, related laws, rules, and regulations pertaining to the procurement mission.
(b) The servicing legal office will review the OGE 450, Confidential Statement of Affiliations and Financial Interest, and provide advice on any areas of concern or possible conflicts.
5603.104 Procurement Integrity.
5603.104-4 Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information.
(a) Contracting officers shall require individuals participating personally and substantially in a Federal agency procurement within the meaning of FAR subsection 3.104-3, to sign the Non-Disclosure Agreement located in Part 5653.
5603.104-7 Processing Violations or Possible Violations.
(1) Contracting Officers shall fully investigate any report of violation or possible violation and forward the findings along with an assessment of the impact on the procurement first to the legal office Ethics Officer and then to the Chief of the Contracting Office.
(2) If the Contracting Officer and Chief of the Contracting Office fail to agree on the conclusion, the entire package should be sent forward to SORDAC-KM. The Director of Procurement retains Head of Contracting authority in regard to the final decision on the appropriate actions to be taken.
5603.170 Business Practices.
(Revised July 2008)
(f) Contracting Officers shall obtain and document internal independent reviews of their actions between the simplified acquisition threshold and headquarter review thresholds. Independent reviews are performed by another warranted Contracting Officer (preferably in another Division or Field Office if practicable). In the event there are no Contracting Officers available to conduct the independent review, the HCD or FCO may obtain review from their LNO. HCD and FCO Chiefs will establish local procedures to ensure that all of these actions receive documented independent reviews. The contract file will include evidence of these independent reviews. Reviews should ensure that all required pre-award documentation is logically prepared, complete, and signed (if necessary). When feasible, also verify that documents are appropriately filed in the official contract file.
SUBPART 5603.5 – OTHER IMPROPER BUSINESS PRACTICES
(Added November 2007)
5603.570 Prohibition on persons convicted of fraud or other defense-contract-related felonies.
5603.570-2 Prohibition period.
Contracting officer shall insure that all Prohibition period requirements comply with DFARS 203.570-2.
5603.570-3 Contract clause.
In accordance with DFARS 203.570-2, contracting officers shall insert the DFARS clause 252.203-7001, Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies (Dec 2004), in all solicitations and contracts exceeding the simplified acquisition threshold, except solicitations and contracts for commercial items.
SUBPART 5603.8 - LIMITATIONS ON THE PAYMENT OF FUNDS TO INFLUENCE FEDERAL TRANSACTIONS
5603.804 Policy.
(Revised November 2009)
(a) Contracting officers shall send the OMB SF LLL, Disclosure of Lobbying Activities, to SORDAC-KM immediately upon receipt from the contractor.
5603.806 Processing Suspected Violations.
Refer to the procedures at 5603.104-7.
HQ, United States Special Operations Command
Special Operations Research, Development, and Acquisition Center (SORDAC-K)
SOFARS 5603
February 2007