3.104-2
General
FAR 3.104-2 reinforces procurement integrity by requiring agency-level approval for supplementation and reminding all parties of related laws governing conflicts of interest, bribery, and information protection.
Overview
- FAR 3.104-2 outlines the general requirements for procurement integrity, implementing 41 U.S.C. chapter 21, and highlights the need for agency-level approval for any supplementation or additional clauses. It reminds agency officials and contractors of related statutes and regulations that govern prohibited conduct, such as bribery, gratuities, conflicts of interest, employment negotiations, post-employment restrictions, and the handling of sensitive procurement information.
Key Rules
- Agency Supplementation Approval
- Any agency-specific additions or clauses to FAR 3.104 must be approved by the senior procurement executive unless a higher authority is required by law.
- Awareness of Related Statutes
- Officials must be aware of and comply with other laws and regulations addressing bribery, gratuities, conflicts of interest, employment negotiations, post-employment activities, and information protection.
- Employment and Conflict of Interest
- Employees must avoid conflicts of interest, including seeking employment with offerors, and comply with disqualification requirements if such situations arise.
- Information Protection
- Restrictions exist on releasing procurement and contractor information, both before and after award, under various statutes including the Privacy Act and Trade Secrets Act.
Responsibilities
- Contracting Officers: Ensure agency supplementation is properly approved and that all relevant statutes are followed.
- Contractors: Avoid prohibited conduct, such as offering bribes or gratuities, and respect restrictions on information and employment negotiations.
- Agencies: Oversee compliance, approve supplementation, and educate personnel on related statutes and regulations.
Practical Implications
- This section exists to reinforce procurement integrity and prevent conflicts of interest or misuse of sensitive information. It impacts daily contracting by requiring vigilance against prohibited conduct and ensuring all parties understand the breadth of applicable laws. Common pitfalls include unintentional conflicts of interest, improper release of information, and failure to secure proper approvals for agency-specific rules.