3.1105
Violations
If a contracting officer suspects a contractor has violated personal conflict of interest requirements, they must consult agency legal counsel before taking further action.
Overview
FAR 3.1105 addresses the procedures contracting officers must follow if they suspect a contractor has violated specific requirements related to preventing personal conflicts of interest, as outlined in the clause at FAR 52.203-16. When a potential violation of paragraphs (b), (c)(3), or (d) of this clause is suspected, the contracting officer is required to consult with the agency's legal counsel. This ensures that any suspected misconduct is handled appropriately and in accordance with agency policy and legal requirements.
Key Rules
- Suspected Violations
- If a contracting officer suspects a contractor has violated key provisions of the Preventing Personal Conflicts of Interest clause, they must take action.
- Consultation Requirement
- The contracting officer must contact agency legal counsel for advice and recommendations before proceeding.
Responsibilities
- Contracting Officers: Must promptly consult legal counsel if they suspect a violation of the specified clause requirements.
- Contractors: Must comply with the requirements of FAR 52.203-16 to avoid violations.
- Agencies: Must provide legal counsel to advise contracting officers on appropriate actions.
Practical Implications
- This section ensures that suspected violations are handled consistently and with legal oversight, reducing risk for both the agency and contractors.
- It emphasizes the importance of legal review before taking any action, protecting due process and ensuring compliance with regulations.
- Contractors should be aware that violations may trigger legal review and potential consequences, making compliance with conflict of interest requirements critical.