[Code of Federal Regulations]

[Title 48, Volume 7]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR2903.602]



[Page 15]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                     CHAPTER 29--DEPARTMENT OF LABOR

 

PART 2903_IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

--Table of Contents

 

  Subpart 2903.6_Contracts With Government Employees or Organizations 

                       Owned or Controlled by Them

 

Sec. 2903.602  Exceptions.



    (a) In accordance with FAR 3.602, only when there is a most 

compelling reason to do so, is the Assistant Secretary for 

Administration and Management authorized to except a contract from the 

policy in FAR 3.601, after the Procurement Review Board and the agency 

ethics official have reviewed and recommended approval of the exception. 

However, when time does not permit, the Assistant Secretary for 

Administration and Management may unilaterally approve an exception. The 

exception and information supporting the exception must be provided to 

the contracting officer for their official records.

    (b) When an exception under this subpart is requested, it is 

submitted through the director of the cognizant program office to the 

HCA. In the procurement request, the director must describe the basis 

for the exception from the restrictions of FAR 3.601.

    (c) Except as allowed in paragraph (a) of this section, the 

Department of Labor may enter into a negotiated contract or an amendment 

to an existing contract with former employees of DOL within one year of 

separation (or with firms in which former employees are known to have a 

substantial interest) only after review and recommendation for approval 

by the agency ethics official, the Procurement Review Board, and written 

approval by the Assistant Secretary for Administration and Management.

    (d) Approval of a decision to grant an exception as provided in this 

section must be documented by a written findings and determination 

prepared by the requesting official for signature by the Assistant 

Secretary for Administration and Management. The determination and 

findings must document compliance with FAR 3.603, FAR 9.5 and DOLAR 

2909.5; specify the compelling reason(s) for award; and be placed in the 

contract files and the files of the Policy Review Board.



[[Page 16]]