Subpart 3.3
Reports of Suspected Antitrust Violations
Contracting officers must promptly report any suspected antitrust violations to protect competition and procurement integrity.
Overview
FAR Subpart 3.3 establishes the requirements and procedures for reporting suspected antitrust violations in government contracting. Its purpose is to ensure that contracting officers and other government personnel are vigilant in identifying and reporting activities that may restrict competition, such as bid rigging, price fixing, or market allocation. The subpart defines relevant terms, outlines the responsibilities of contracting officers, and provides guidance on how and when to report suspected violations to the appropriate authorities, typically the Department of Justice. This regulation is designed to protect the integrity of the federal procurement process and promote fair competition.
Key Rules
- General Policy (3.301)
- Contracting officers must be alert to practices that may violate antitrust laws and take action if such practices are suspected.
- Definitions (3.302)
- Key terms related to antitrust violations are defined to ensure clarity and consistency in reporting and compliance.
- Reporting Procedures (3.303)
- Suspected antitrust violations must be reported promptly to the appropriate legal authorities, following specified procedures.
Responsibilities
- Contracting Officers: Must monitor for antitrust violations, understand relevant definitions, and report any suspicions according to established procedures.
- Contractors: Should avoid any conduct that could be construed as anti-competitive and cooperate with investigations if required.
- Agencies: Must ensure oversight, provide training, and facilitate reporting to the Department of Justice or other authorities as needed.
Practical Implications
- This subpart exists to safeguard the procurement process from anti-competitive practices.
- It impacts daily contracting by requiring vigilance and prompt reporting of suspicious behavior.
- Common pitfalls include failing to recognize or report potential violations, which can result in legal consequences and undermine procurement integrity.