3.806
Processing suspected violations
Contracting officers must promptly report suspected violations of anti-lobbying laws using their agency's established procedures.
Overview
FAR 3.806 outlines the required actions for contracting officers when they suspect violations of 31 U.S.C. 1352, which restricts the use of appropriated funds to influence federal transactions (commonly known as the "anti-lobbying" statute). The section mandates that contracting officers must report any suspected violations according to their agency's established procedures. This ensures that potential breaches are promptly addressed and investigated, maintaining the integrity of the federal procurement process.
Key Rules
- Reporting Suspected Violations
- Contracting officers are required to report any suspected violations of 31 U.S.C. 1352 following their agency's specific procedures.
Responsibilities
- Contracting Officers: Must be vigilant for potential violations and report them as required by agency policy.
- Contractors: Should avoid actions that could be construed as violations of anti-lobbying restrictions.
- Agencies: Must have clear procedures in place for reporting and processing suspected violations.
Practical Implications
- This section exists to ensure compliance with anti-lobbying laws and to provide a clear process for addressing suspected violations.
- It impacts daily contracting by requiring contracting officers to be proactive in identifying and reporting issues.
- Common pitfalls include failing to recognize a violation or not following proper reporting channels, which can lead to compliance failures and potential penalties.