3.104-8
Criminal and civil penalties, and further administrative remedies
Violations of procurement integrity rules can result in severe criminal, civil, and administrative penalties for both government officials and contractors.
Overview
FAR 3.104-8 outlines the criminal, civil, and administrative penalties that may result from violations of procurement integrity rules, specifically those found in 41 U.S.C. chapter 21 and FAR 3.104-3. The section emphasizes that both government officials and offerors can face significant consequences for failing to comply with procurement integrity requirements, including improper employment discussions and failure to recuse oneself from procurement activities when required. It also references related rules for bid protests and administrative remedies.
Key Rules
- Penalties for Officials
- Officials who knowingly violate procurement integrity requirements (FAR 3.104-3) are subject to penalties under 41 U.S.C. 2105, which may include criminal, civil, or administrative actions.
- Penalties for Offerors
- Offerors who knowingly engage in employment discussions with non-compliant officials are also subject to criminal, civil, or administrative penalties.
- Administrative Remedies for Refusal to Disqualify
- Officials who refuse to terminate prohibited employment discussions may face agency administrative actions if their disqualification interferes with their job duties.
Responsibilities
- Contracting Officers: Must ensure all parties comply with procurement integrity rules and report violations.
- Contractors/Offerors: Must avoid improper employment discussions and verify officials’ compliance before engaging.
- Agencies: Must enforce penalties and take administrative action as necessary.
Practical Implications
- This section exists to deter and penalize unethical conduct in federal procurement, protecting the integrity of the process.
- Violations can result in severe penalties, including criminal charges, civil fines, and administrative sanctions.
- Contractors must be vigilant about compliance, especially regarding employment discussions with government officials.