3.104-1
Definitions
FAR 3.104-1 defines essential terms that underpin procurement integrity compliance, making it critical for all contracting professionals to understand and apply these definitions accurately.
Overview
FAR 3.104-1 provides definitions for key terms used in the procurement integrity regulations, which are critical for understanding and complying with rules that govern the conduct of federal agency procurements. This section clarifies terminology related to ethics officials, compensation, contractor bid or proposal information, and the scope of participation in procurements, among others. These definitions form the foundation for interpreting and applying the requirements of FAR Subpart 3.104, which addresses the prevention of improper disclosure of procurement-sensitive information and conflicts of interest.
Key Rules
- Agency Ethics Official
- Defines who is considered an agency ethics official, including deputies and alternates, and their delegated authorities.
- Compensation
- Broadly defines compensation to include direct and indirect payments for services rendered.
- Contractor Bid or Proposal Information
- Specifies what constitutes protected bid or proposal information, including cost data, proprietary information, and marked documents.
- In Excess of $10,000,000
- Outlines how to determine if a contract or related action meets the $10 million threshold, impacting certain compliance requirements.
- Participating Personally and Substantially
- Details what constitutes significant involvement in a procurement, which is crucial for identifying potential conflicts of interest.
Responsibilities
- Contracting Officers: Must apply these definitions when determining compliance with procurement integrity rules and when making decisions about conflicts of interest or information disclosure.
- Contractors: Should understand these definitions to ensure proper handling of sensitive information and to avoid prohibited conduct.
- Agencies: Must ensure all personnel are aware of and adhere to these definitions in procurement activities.
Practical Implications
- This section exists to ensure all parties have a common understanding of key terms, reducing ambiguity and supporting compliance with procurement integrity rules.
- Misunderstanding these definitions can lead to inadvertent violations, such as improper disclosure of information or unintentional conflicts of interest.
- Contractors and agency personnel should regularly review these definitions to ensure ongoing compliance, especially when roles or contract values change.