3.702
Definition
A "final conviction" includes any conviction with an imposed sentence, even if the plea was nolo contendere, and triggers potential contract consequences under Subpart 3.7.
Overview
FAR 3.702 provides the definition of "final conviction" as it applies to Subpart 3.7, which addresses the voiding and rescinding of contracts. A final conviction is defined as a conviction—whether by verdict or plea (including nolo contendere)—for which a sentence has been imposed. This definition is critical for determining when certain legal consequences, such as contract voidance or rescission, may be triggered due to criminal conduct related to government contracting.
Key Rules
- Definition of Final Conviction
- A final conviction occurs when a court has imposed a sentence following a verdict or plea, including a plea of nolo contendere (no contest).
Responsibilities
- Contracting Officers: Must apply this definition when assessing whether a contractor or individual has a final conviction that could affect contract validity.
- Contractors: Should understand that any conviction meeting this definition may have serious contractual consequences.
- Agencies: Must ensure that contract actions related to voiding or rescinding are based on this clear definition of final conviction.
Practical Implications
- This section ensures clarity and consistency in applying legal consequences to contractors convicted of certain offenses.
- Contractors must be aware that even a plea of nolo contendere resulting in a sentence qualifies as a final conviction.
- Misunderstanding this definition could lead to disputes or improper contract actions.