[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: 48CFR3003.204]



[Page 67-68]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

     CHAPTER 30--DEPARTMENT OF HOMELAND SECURITY, HOMELAND SECURITY 

                      ACQUISITION REGULATION (HSAR)

 

PART 3003_IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

--Table of Contents

 

      Subpart 3003.2_Contractor Gratuities to Government Personnel

 

Sec. 3003.204  Treatment of violations.



    (a) The HCA is the individual to determine whether a Gratuities 

clause



[[Page 68]]



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 the approach for 

appropriate processing of either the Procurement Integrity Act violation 

or the Gratuities violation.