3.301
General
Contracting personnel must actively watch for and report any suspected antitrust violations to protect competition and ensure compliance with federal law.
Overview
FAR 3.301 addresses the importance of preventing anticompetitive practices in government contracting, such as collusion and price-fixing, which can lead to inflated prices and legal consequences. The section highlights the responsibility of contracting personnel to recognize and report any indications of antitrust violations during the acquisition process. It provides examples of anticompetitive behaviors and outlines the reporting channels for suspected violations, including referrals to the Attorney General and the agency's debarment office.
Key Rules
- Prohibition of Anticompetitive Practices
- Practices that restrict competition, such as collusive bidding or price-fixing, are strictly prohibited and may result in criminal, civil, or administrative actions.
- Reporting Responsibilities
- Contracting personnel must be vigilant for signs of antitrust violations and report any suspicions according to agency procedures.
- Referral Procedures
- Suspected violations must be referred to the Attorney General (per FAR 3.303) and the agency's debarment and suspension office (per FAR Subpart 9.4).
Responsibilities
- Contracting Officers: Remain alert to anticompetitive behaviors and promptly report any suspicions through proper channels.
- Contractors: Avoid any conduct that could be construed as anticompetitive or collusive.
- Agencies: Establish and enforce procedures for reporting and referring suspected antitrust violations.
Practical Implications
- This section exists to protect the integrity of the procurement process and ensure fair competition.
- It impacts daily contracting by requiring vigilance and proactive reporting from acquisition personnel.
- Common pitfalls include failing to recognize subtle signs of collusion or neglecting to follow reporting protocols.