[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 48CFR3.405]



[Page 52]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 3_IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST--Table of Contents

 

                       Subpart 3.4_Contingent Fees

 

Sec. 3.405  Misrepresentations or violations of the Covenant Against Contingent Fees.



    (a) Government personnel who suspect or have evidence of attempted 

or actual exercise of improper influence, misrepresentation of a 

contingent fee arrangement, or other violation of the Covenant Against 

Contingent Fees shall report the matter promptly to the contracting 

officer or appropriate higher authority in accordance with agency 

procedures.

    (b) When there is specific evidence or other reasonable basis to 

suspect one or more of the violations in paragraph (a) above, the chief 

of the contracting office shall review the facts and, if appropriate, 

take or direct one or more of the following, or other, actions:

    (1) If before award, reject the bid or proposal.

    (2) If after award, enforce the Government's right to annul the 

contract or to recover the fee.

    (3) Initiate suspension or debarment action under subpart 9.4.

    (4) Refer suspected fraudulent or criminal matters to the Department 

of Justice, as prescribed in agency regulations.



[48 FR 42108, Sept. 19, 1983. Redesignated at 61 FR 39188, July 26, 

1996]