[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 48CFR303.104-7]



[Page 10]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 303_IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 

INTEREST--Table of Contents

 

                        Subpart 303.1_Safeguards

 

Sec. 303.104-7  Violations or possible violations of the Procurement 

Integrity Act.



    (a)(1) The contracting officer's determination that a reported 

violation or possible violation of the statutory prohibitions has no 

impact on the impending award or selection of a contractor must be 

submitted through appropriate channels, along with supporting 

documentation, to the Head of Contracting Activity (HCA) for review and 

approval of the determination awarding a contract.

    (2) The contracting officer's determination that a reported 

violation or possible violation of the statutory prohibitions has an 

impact on the pending award or selection of a contractor must be 

referred through channels, along with all related information available, 

to the HCA (if the HCA is an SES) or to another SES official designated 

by the OpDiv. That individual will--

    (i) Refer the matter immediately to the Office of Acquisition 

Management and Policy (OAMP), Assistant Secretary for Administration and 

Management, Office of the Secretary for review, which may consult with 

the Office of General Counsel (OGC) and the Office of Inspector General 

(OIG), as appropriate; and

    (ii) Determine the action to be taken on the procurement in 

accordance with FAR 3.104-7(c) and (d). The HCA shall obtain the 

approval or concurrence of the OAMP before proceeding with the action.

    (b) The individual in paragraph (a)(2) of this section acts as the 

agency head designee with respect to actions taken under the FAR clause 

52.203-10, Price or Fee Adjustment for Illegal or Improper Authority.



[70 FR 39, Jan. 3, 2005]