Part 3 - Improper Business Practices and Personal Conflicts of Interest

<!DOCTYPE html> <html lang="en" dir="ltr"> <head> <title>Part 3 - Improper Business Practices and Personal Conflicts of Interest</title> <style> .node_view ul li{ display:none; } </style> <link type="text/css" rel="stylesheet" href="/themes/custom/acquisition_gov/css/print.min.css" /> <script type="text/javascript" src="https://www.acquisition.gov/modules/contrib/printable/js/script.js"></script> </head> <body> <article data-history-node-id="60881" role="article" about="/far/part-3"> <div> <div class="field-html-file-content padding-y-1"> <main role="main"><article role="article" aria-labelledby="ariaid-title1"><article class="nested0" aria-labelledby="ariaid-title1" id="FAR_Part_3" data-part="part" data-part-number="3"><h1 class="title topictitle1" id="ariaid-title1"> Part 3 - Improper Business Practices and Personal Conflicts of Interest</h1> <div class="body"> <a class="xref fm:TOC" href="#FAR_3_000">3.000 Scope of part.</a> <a class="xref fm:TOC" href="#FAR_Subpart_3_1">Subpart 3.1 - Safeguards</a> <a class="xref fm:TOC" href="#FAR_3_101">3.101 Standards of conduct.</a> <a class="xref fm:TOC" href="#FAR_3_101_1">3.101-1 General.</a> <a class="xref fm:TOC" href="#FAR_3_101_2">3.101-2 Solicitation and acceptance of gratuities by Government personnel.</a> <a class="xref fm:TOC" href="#FAR_3_101_3">3.101-3 Agency regulations.</a> <a class="xref fm:TOC" href="#FAR_3_102">3.102 [Reserved]</a> <a class="xref fm:TOC" href="#FAR_3_103">3.103 Independent pricing.</a> <a class="xref fm:TOC" href="#FAR_3_103_1">3.103-1 Solicitation provision.</a> <a class="xref fm:TOC" href="#FAR_3_103_2">3.103-2 Evaluating the certification.</a> <a class="xref fm:TOC" href="#FAR_3_103_3">3.103-3 The need for further certifications.</a> <a class="xref fm:TOC" href="#FAR_3_104">3.104 Procurement integrity.</a> <a class="xref fm:TOC" href="#FAR_3_104_1">3.104-1 Definitions.</a> <a class="xref fm:TOC" href="#FAR_3_104_2">3.104-2 General.</a> <a class="xref fm:TOC" href="#FAR_3_104_3">3.104-3 Statutory and related prohibitions, restrictions, and requirements.</a> <a class="xref fm:TOC" href="#FAR_3_104_4">3.104-4 Disclosure, protection, and marking of contractor bid or proposal information and source selection information.</a> <a class="xref fm:TOC" href="#FAR_3_104_5">3.104-5 Disqualification.</a> <a class="xref fm:TOC" href="#FAR_3_104_6">3.104-6 Ethics advisory opinions regarding prohibitions on a former official’s acceptance of compensation from a contractor.</a> <a class="xref fm:TOC" href="#FAR_3_104_7">3.104-7 Violations or possible violations.</a> <a class="xref fm:TOC" href="#FAR_3_104_8">3.104-8 Criminal and civil penalties, and further administrative remedies.</a> <a class="xref fm:TOC" href="#FAR_3_104_9">3.104-9 Contract clauses.</a> <a class="xref fm:TOC" href="#FAR_Subpart_3_2">Subpart 3.2 - Contractor Gratuities to Government Personnel</a> <a class="xref fm:TOC" href="#FAR_3_201">3.201 Applicability.</a> <a class="xref fm:TOC" href="#FAR_3_202">3.202 Contract clause.</a> <a class="xref fm:TOC" href="#FAR_3_203">3.203 Reporting suspected violations of the Gratuities clause.</a> <a class="xref fm:TOC" href="#FAR_3_204">3.204 Treatment of violations.</a> <a class="xref fm:TOC" href="#FAR_Subpart_3_3">Subpart 3.3 - Reports of Suspected Antitrust Violations</a> <a class="xref fm:TOC" href="#FAR_3_301">3.301 General.</a> <a class="xref fm:TOC" href="#FAR_3_302">3.302 Definitions.</a> <a class="xref fm:TOC" href="#FAR_3_303">3.303 Reporting suspected antitrust violations.</a> <a class="xref fm:TOC" href="#FAR_Subpart_3_4">Subpart 3.4 - Contingent Fees</a> <a class="xref fm:TOC" href="#FAR_3_400">3.400 Scope of subpart.</a> <a class="xref fm:TOC" href="#FAR_3_401">3.401 Definitions.</a> <a class="xref fm:TOC" href="#FAR_3_402">3.402 Statutory requirements.</a> <a class="xref fm:TOC" href="#FAR_3_403">3.403 Applicability.</a> <a class="xref fm:TOC" href="#FAR_3_404">3.404 Contract clause.</a> <a class="xref fm:TOC" href="#FAR_3_405">3.405 Misrepresentations or violations of the Covenant Against Contingent Fees.</a> <a class="xref fm:TOC" href="#FAR_3_406">3.406 Records.</a> <a class="xref fm:TOC" href="#FAR_Subpart_3_5">Subpart 3.5 - Other Improper Business Practices</a> <a class="xref fm:TOC" href="#FAR_3_501">3.501 Buying-in.</a> <a class="xref fm:TOC" href="#FAR_3_501_1">3.501-1 Definition.</a> <a class="xref fm:TOC" href="#FAR_3_501_2">3.501-2 General.</a> <a class="xref fm:TOC" href="#FAR_3_502">3.502 Subcontractor kickbacks.</a> <a class="xref fm:TOC" href="#FAR_3_502_1">3.502-1 Definitions.</a> <a class="xref fm:TOC" href="#FAR_3_502_2">3.502-2 Subcontractor kickbacks.</a> <a class="xref fm:TOC" href="#FAR_3_502_3">3.502-3 Contract clause.</a> <a class="xref fm:TOC" href="#FAR_3_503">3.503 Unreasonable restrictions on subcontractor sales.</a> <a class="xref fm:TOC" href="#FAR_3_503_1">3.503-1 Policy.</a> <a class="xref fm:TOC" href="#FAR_3_503_2">3.503-2 Contract clause.</a> <a class="xref fm:TOC" href="#FAR_Subpart_3_6">Subpart 3.6 - Contracts with Government Employees or Organizations Owned or Controlled by Them</a> <a class="xref fm:TOC" href="#FAR_3_601">3.601 Policy.</a> <a class="xref fm:TOC" href="#FAR_3_602">3.602 Exceptions.</a> <a class="xref fm:TOC" href="#FAR_3_603">3.603 Responsibilities of the contracting officer.</a> <a class="xref fm:TOC" href="#FAR_Subpart_3_7">Subpart 3.7 - Voiding and Rescinding Contracts</a> <a class="xref fm:TOC" href="#FAR_3_700">3.700 Scope of subpart.</a> <a class="xref fm:TOC" href="#FAR_3_701">3.701 Purpose.</a> <a class="xref fm:TOC" href="#FAR_3_702">3.702 Definition.</a> <a class="xref fm:TOC" href="#FAR_3_703">3.703 Authority.</a> <a class="xref fm:TOC" href="#FAR_3_704">3.704 Policy.</a> <a class="xref fm:TOC" href="#FAR_3_705">3.705 Procedures.</a> <a class="xref fm:TOC" href="#FAR_Subpart_3_8">Subpart 3.8 - Limitations on the Payment of Funds to Influence Federal Transactions</a> <a class="xref fm:TOC" href="#FAR_3_800">3.800 Scope of subpart.</a> <a class="xref fm:TOC" href="#FAR_3_801">3.801 Definitions.</a> <a class="xref fm:TOC" href="#FAR_3_802">3.802 Statutory prohibition and requirement.</a> <a class="xref fm:TOC" href="#FAR_3_803">3.803 Exceptions.</a> <a class="xref fm:TOC" href="#FAR_3_804">3.804 Policy.</a> <a class="xref fm:TOC" href="#FAR_3_805">3.805 Exemption.</a> <a class="xref fm:TOC" href="#FAR_3_806">3.806 Processing suspected violations.</a> <a class="xref fm:TOC" href="#FAR_3_807">3.807 Civil penalties.</a> <a class="xref fm:TOC" href="#FAR_3_808">3.808 Solicitation provision and contract clause.</a> <a class="xref fm:TOC" href="#FAR_Subpart_3_9">Subpart 3.9 - Whistleblower Protections for Contractor Employees</a> <a class="xref fm:TOC" href="#FAR_3_900">3.900 Scope of subpart.</a> <a class="xref fm:TOC" href="#FAR_3_901">3.901 Definitions.</a> <a class="xref fm:TOC" href="#FAR_3_902">3.902 Classified information.</a> <a class="xref fm:TOC" href="#FAR_3_903">3.903 Policy.</a> <a class="xref fm:TOC" href="#FAR_3_904">3.904 Complaints.</a> <a class="xref fm:TOC" href="#FAR_3_904_1">3.904-1 Procedures for filing complaints.</a> <a class="xref fm:TOC" href="#FAR_3_904_2">3.904-2 Procedures for investigating complaints.</a> <a class="xref fm:TOC" href="#FAR_3_905">3.905 Remedies and enforcement of orders.</a> <a class="xref fm:TOC" href="#FAR_3_905_1">3.905-1 Remedies.</a> <a class="xref fm:TOC" href="#FAR_3_905_2">3.905-2 Enforcement of orders.</a> <a class="xref fm:TOC" href="#FAR_3_906">3.906 Contract clause.</a> <a class="xref fm:TOC" href="#FAR_3_907">3.907 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (the Recovery Act).</a> <a class="xref fm:TOC" href="#FAR_3_907_1">3.907-1 Definitions.</a> <a class="xref fm:TOC" href="#FAR_3_907_2">3.907-2 Policy.</a> <a class="xref fm:TOC" href="#FAR_3_907_3">3.907-3 Procedures for filing complaints.</a> <a class="xref fm:TOC" href="#FAR_3_907_4">3.907-4 Procedures for investigating complaints.</a> <a class="xref fm:TOC" href="#FAR_3_907_5">3.907-5 Access to investigative file of Inspector General.</a> <a class="xref fm:TOC" href="#FAR_3_907_6">3.907-6 Remedies and enforcement authority.</a> <a class="xref fm:TOC" href="#FAR_3_907_7">3.907-7 Contract clause.</a> <a class="xref fm:TOC" href="#FAR_3_908">3.908 [Reserved]</a> <a class="xref fm:TOC" href="#FAR_3_909">3.909 Prohibition on providing funds to an entity that requires certain internal confidentiality agreements or statements.</a> <a class="xref fm:TOC" href="#FAR_3_909_1">3.909-1 Prohibition.</a> <a class="xref fm:TOC" href="#FAR_3_909_2">3.909-2 Representation by the offeror.</a> <a class="xref fm:TOC" href="#FAR_3_909_3">3.909-3 Solicitation provision and contract clause.</a> <a class="xref fm:TOC" href="#FAR_Subpart_3_10">Subpart 3.10 - Contractor Code of Business Ethics and Conduct</a> <a class="xref fm:TOC" href="#FAR_3_1000">3.1000 Scope of subpart.</a> <a class="xref fm:TOC" href="#FAR_3_1001">3.1001 Definitions.</a> <a class="xref fm:TOC" href="#FAR_3_1002">3.1002 Policy.</a> <a class="xref fm:TOC" href="#FAR_3_1003">3.1003 Requirements.</a> <a class="xref fm:TOC" href="#FAR_3_1004">3.1004 Contract clauses.</a> <a class="xref fm:TOC" href="#FAR_Subpart_3_11">Subpart 3.11 - Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions</a> <a class="xref fm:TOC" href="#FAR_3_1100">3.1100 Scope of subpart.</a> <a class="xref fm:TOC" href="#FAR_3_1101">3.1101 Definitions.</a> <a class="xref fm:TOC" href="#FAR_3_1102">3.1102 Policy.</a> <a class="xref fm:TOC" href="#FAR_3_1103">3.1103 Procedures.</a> <a class="xref fm:TOC" href="#FAR_3_1104">3.1104 Mitigation or waiver.</a> <a class="xref fm:TOC" href="#FAR_3_1105">3.1105 Violations.</a> <a class="xref fm:TOC" href="#FAR_3_1106">3.1106 Contract clause.</a> </div> <nav role="navigation" class="related-links"><div class="familylinks"><div class="parentlink">Parent topic: <a class="link FAR_1 FAR_Subchapter_ANoPropFAR_1.htmlsubtopic" href="/far/far1">Federal Acquisition Regulation</a></div></div></nav><article class="topic concept TORP" aria-labelledby="ariaid-title2" id="FAR_3_000" data-part="section" data-part-number="3.000"><h2 class="title topictitle2" id="ariaid-title2"> 3.000 Scope of part.</h2> <div class="body conbody"> This part prescribes policies and procedures for avoiding improper business practices and personal conflicts of interest and for dealing with their apparent or actual occurrence. </div> </article><article class="topic TOP" aria-labelledby="ariaid-title3" id="FAR_Subpart_3_1" data-part="subpart" data-part-number="3.1"><h2 class="title topictitle2 Subpart" id="ariaid-title3"> Subpart 3.1 - Safeguards</h2> <article class="topic concept nested2" aria-labelledby="ariaid-title4" id="FAR_3_101" data-part="section" data-part-number="3.101"><h3 class="title topictitle3" id="ariaid-title4"> 3.101 Standards of conduct.</h3> <article class="topic concept nested3" aria-labelledby="ariaid-title5" id="FAR_3_101_1" data-part="subsection" data-part-number="3.101-1"><h4 class="title topictitle4" id="ariaid-title5"> 3.101-1 General.</h4> <div class="body conbody"> Government business shall be conducted in a manner above reproach and, except as authorized by statute or regulation, with complete impartiality and with preferential treatment for none. Transactions relating to the expenditure of public funds require the highest degree of public trust and an impeccable standard of conduct. The general rule is to avoid strictly any conflict of interest or even the appearance of a conflict of interest in Government-contractor relationships. While many Federal laws and regulations place restrictions on the actions of Government personnel, their official conduct must, in addition, be such that they would have no reluctance to make a full public disclosure of their actions. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title6" id="FAR_3_101_2" data-part="subsection" data-part-number="3.101-2"><h4 class="title topictitle4" id="ariaid-title6"> 3.101-2 Solicitation and acceptance of gratuities by Government personnel.</h4> <div class="body conbody"> As a rule, no Government employee may solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan, or anything of monetary value from anyone who (a) has or is seeking to obtain Government business with the employee’s agency, (b) conducts activities that are regulated by the employee’s agency, or (c) has interests that may be substantially affected by the performance or nonperformance of the employee’s official duties. Certain limited exceptions are authorized in agency regulations. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title7" id="FAR_3_101_3" data-part="subsection" data-part-number="3.101-3"><h4 class="title topictitle4" id="ariaid-title7"> 3.101-3 Agency regulations.</h4> <div class="body conbody"> (a) Agencies are required by Executive Order 11222 of May 8,1965, and 5 CFR 735 to prescribe "Standards of Conduct." These agency standards contain- (1) Agency-authorized exceptions to <a class="xref fm:ParaNumOnly" href="#FAR_3_101_2">3.101-2</a>; and (2) Disciplinary measures for persons violating the standards of conduct. (b) Requirements for employee financial disclosure and restrictions on private employment for former Government employees are in Office of Personnel Management and agency regulations implementing Public Law 95-521, which amended <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section207&num=0&edition=prelim" target="_blank">18 U.S.C. 207</a>. </div> </article></article><article class="topic concept nested2" aria-labelledby="ariaid-title8" id="FAR_3_102" data-part="section" data-part-number="3.102"><h3 class="title topictitle3" id="ariaid-title8"> 3.102 [Reserved]</h3> </article><article class="topic concept nested2" aria-labelledby="ariaid-title9" id="FAR_3_103" data-part="section" data-part-number="3.103"><h3 class="title topictitle3" id="ariaid-title9"> 3.103 Independent pricing.</h3> <article class="topic concept nested3" aria-labelledby="ariaid-title10" id="FAR_3_103_1" data-part="subsection" data-part-number="3.103-1"><h4 class="title topictitle4" id="ariaid-title10"> 3.103-1 Solicitation provision.</h4> <div class="body conbody"> The <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall insert the provision at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_2">52.203-2</a>, Certificate of Independent Price Determination, in <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless- (a) The <i data-tippy-content="Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract." class="agov-definition">acquisition is to be made under the simplified acquisition procedures in <a class="xref fm:Part" href="/far/part-13#FAR_Part_13">part 13</a>; (b) [Reserved] (c) The <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitation is a request for technical proposals under two-step sealed bidding procedures; or (d) The <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitation is for utility services for which rates are set by law or regulation. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title11" id="FAR_3_103_2" data-part="subsection" data-part-number="3.103-2"><h4 class="title topictitle4" id="ariaid-title11"> 3.103-2 Evaluating the certification.</h4> <div class="body conbody"> (a) Evaluation guidelines. (1) None of the following, in and of itself, constitutes "disclosure" as it is used in paragraph (a)(2) of the Certificate of Independent Price Determination (hereafter, the certificate): (i) The fact that a firm has published price lists, rates, or tariffs covering items being acquired by the Government. (ii) The fact that a firm has informed prospective customers of proposed or pending publication of new or revised price lists for items being acquired by the Government. (iii) The fact that a firm has sold the same items to commercial customers at the same prices being offered to the Government. (iv) Participating in a <i data-tippy-content="Reverse auction means the process for obtaining pricing, usually supported by an electronic tool, in which offerors see competing offerors' price(s), without disclosure of the competing offerors' identity, and have the opportunity to submit lower priced offers until the close of the auction." class="agov-definition">reverse auction (see <a class="xref fm:Subpart" href="/far/part-17#FAR_Subpart_17_8">subpart 17.8</a>). (2) For the purpose of paragraph (b)(2) of the certificate, an individual may use a blanket authorization to act as an agent for the person(s) responsible for determining the offered prices if- (i) The proposed contract to which the certificate applies is clearly within the scope of the authorization; and (ii) The person giving the authorization is the person within the offeror’s organization who is responsible for determining the prices being offered at the time the certification is made in the particular <i data-tippy-content="Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. For unsolicited proposals, see subpart 15.6." class="agov-definition">offer. (3) If an <i data-tippy-content="Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. For unsolicited proposals, see subpart 15.6." class="agov-definition">offer is submitted jointly by two or more concerns, the certification provided by the representative of each concern applies only to the activities of that concern. (b) Rejection of <i data-tippy-content="Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. For unsolicited proposals, see subpart 15.6." class="agov-definition">offers suspected of being collusive. (1) If the offeror deleted or modified paragraph (a)(1) or (3) or paragraph (b) of the certificate, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall reject the offeror’s bid or proposal. (2) If the offeror deleted or modified paragraph (a)(2) of the certificate, the offeror must have furnished with its <i data-tippy-content="Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. For unsolicited proposals, see subpart 15.6." class="agov-definition">offer a signed statement of the circumstances of the disclosure of prices contained in the bid or proposal. The chief of the <i data-tippy-content="Contracting office means an office that awards or executes a contract for supplies or services and performs postaward functions not assigned to a contract administration office (except for use in part 48, see also 48.001)." class="agov-definition">contracting office shall review the altered certificate and the statement and shall determine, <i data-tippy-content="In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information." class="agov-definition">in writing, whether the disclosure was made for the purpose or had the effect of restricting competition. If the determination is positive, the bid or proposal shall be rejected; if it is negative, the bid or proposal shall be considered for award. (3) Whenever an <i data-tippy-content="Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. For unsolicited proposals, see subpart 15.6." class="agov-definition">offer is rejected under paragraph (b)(1) or (2)of this section, or the certificate is suspected of being false, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall report the situation to the Attorney General in accordance with <a class="xref fm:ParaNumOnly" href="#FAR_3_303">3.303</a>. (4) The determination made under paragraph (2) of this section shall not prevent or inhibit the prosecution of any criminal or civil actions involving the occurrences or transactions to which the certificate relates. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title12" id="FAR_3_103_3" data-part="subsection" data-part-number="3.103-3"><h4 class="title topictitle4" id="ariaid-title12"> 3.103-3 The need for further certifications.</h4> <div class="body conbody"> A contractor that properly executed the certificate before award does not have to submit a separate certificate with each proposal to perform a work order or similar ordering instrument issued pursuant to the terms of the contract, where the Government’s requirements cannot be met from another source. </div> </article></article><article class="topic concept nested2" aria-labelledby="ariaid-title13" id="FAR_3_104" data-part="section" data-part-number="3.104"><h3 class="title topictitle3" id="ariaid-title13"> 3.104 Procurement integrity.</h3> <article class="topic concept nested3" aria-labelledby="ariaid-title14" id="FAR_3_104_1" data-part="subsection" data-part-number="3.104-1"><h4 class="title topictitle4" id="ariaid-title14"> 3.104-1 Definitions.</h4> <div class="body conbody"> As used in this section— <i data-tippy-content="Agency ethics official means the designated agency ethics official described in 5 CFR 2638.201 or other designated person, including–(1) Deputy ethics officials described in 5 CFR 2638.204, to whom authority under 3.104-6 has been delegated by the designated agency ethics official; and(2) Alternate designated agency ethics officials described in 5 CFR 2638.202(b)." class="agov-definition">Agency ethics official means the designated <i data-tippy-content="Agency ethics official means the designated agency ethics official described in 5 CFR 2638.201 or other designated person, including–(1) Deputy ethics officials described in 5 CFR 2638.204, to whom authority under 3.104-6 has been delegated by the designated agency ethics official; and(2) Alternate designated agency ethics officials described in 5 CFR 2638.202(b)." class="agov-definition">agency ethics official described in 5 CFR 2638.201 or other designated person, including– (1) Deputy ethics <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">officials described in 5 CFR 2638.204, to whom authority under <a class="xref fm:ParaNumOnly" href="#FAR_3_104_6">3.104-6</a> has been delegated by the designated <i data-tippy-content="Agency ethics official means the designated agency ethics official described in 5 CFR 2638.201 or other designated person, including–(1) Deputy ethics officials described in 5 CFR 2638.204, to whom authority under 3.104-6 has been delegated by the designated agency ethics official; and(2) Alternate designated agency ethics officials described in 5 CFR 2638.202(b)." class="agov-definition">agency ethics official; and (2) <i data-tippy-content="Alternate means a substantive variation of a basic provision or clause prescribed for use in a defined circumstance. It adds wording to, deletes wording from, or substitutes specified wording for a portion of the basic provision or clause. The alternate version of a provision or clause is the basic provision or clause as changed by the addition, deletion, or substitution (see 52.105(a))." class="agov-definition">Alternate designated <i data-tippy-content="Agency ethics official means the designated agency ethics official described in 5 CFR 2638.201 or other designated person, including–(1) Deputy ethics officials described in 5 CFR 2638.204, to whom authority under 3.104-6 has been delegated by the designated agency ethics official; and(2) Alternate designated agency ethics officials described in 5 CFR 2638.202(b)." class="agov-definition">agency ethics officials described in 5 CFR 2638.202(b). <i data-tippy-content="Compensation means wages, salaries, honoraria, commissions, professional fees, and any other form of compensation, provided directly or indirectly for services rendered. Compensation is indirectly provided if it is paid to an entity other than the individual, specifically in exchange for services provided by the individual." class="agov-definition">Compensation means wages, salaries, honoraria, commissions, professional fees, and any other form of <i data-tippy-content="Compensation means wages, salaries, honoraria, commissions, professional fees, and any other form of compensation, provided directly or indirectly for services rendered. Compensation is indirectly provided if it is paid to an entity other than the individual, specifically in exchange for services provided by the individual." class="agov-definition">compensation, provided directly or indirectly for services rendered. <i data-tippy-content="Compensation means wages, salaries, honoraria, commissions, professional fees, and any other form of compensation, provided directly or indirectly for services rendered. Compensation is indirectly provided if it is paid to an entity other than the individual, specifically in exchange for services provided by the individual." class="agov-definition">Compensation is indirectly provided if it is paid to an entity other than the individual, specifically in exchange for services provided by the individual. <i data-tippy-content="Contractor bid or proposal information means any of the following information submitted to a Federal agency as part of or in connection with a bid or proposal to enter into a Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Cost or pricing data (as defined by 10 U.S.C. 3701(1) with respect to procurements subject to that section, and 41 U.S.C. 3501(a)(1), with respect to procurements subject to that section.(2) Indirect costs and direct labor rates.(3) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.(4) Information marked by the contractor as "contractor bid or proposal information" in accordance with applicable law or regulation.(5) Information marked in accordance with 52.215-1(e)." class="agov-definition">Contractor bid or proposal information means any of the following information submitted to a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency as part of or in connection with a bid or proposal to enter into a <i data-tippy-content="Federal agency procurement means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. For broad agency announcements and small business innovation research programs, each proposal received by an agency constitutes a separate procurement for purposes of 41 U.S.C. chapter 21." class="agov-definition">Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (1) <i data-tippy-content="Cost or pricing data (10 U.S.C. 3701(1) and 41 U.S.C. chapter 35) means all facts that, as of the date of price agreement, or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price, prudent buyers and sellers would reasonably expect to affect price negotiations significantly. Cost or pricing data are factual, not judgmental; and are verifiable. While they do not indicate the accuracy of the prospective contractor’s judgment about estimated future costs or projections, they do include the data forming the basis for that judgment. Cost or pricing data are more than historical accounting data; they are all the facts that can be reasonably expected to contribute to the soundness of estimates of future costs and to the validity of determinations of costs already incurred. They also include, but are not limited to, such factors as-(1) Vendor quotations;(2) Nonrecurring costs;(3) Information on changes in production methods and in production or purchasing volume;(4) Data supporting projections of business prospects and objectives and related operations costs;(5) Unit-cost trends such as those associated with labor efficiency;(6) Make-or-buy decisions;(7) Estimated resources to attain business goals; and(8) Information on management decisions that could have a significant bearing on costs." class="agov-definition">Cost or pricing data (as defined by <a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3701&num=0&edition=prelim" target="_blank">10 U.S.C. 3701(1)</a> with respect to procurements subject to that section, and 41 U.S.C. 3501(a)(1), with respect to procurements subject to that section. (2) <i data-tippy-content="Indirect cost means any cost not directly identified with a single final cost objective, but identified with two or more final cost objectives or with at least one intermediate cost objective." class="agov-definition">Indirect costs and direct labor rates. (3) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation. (4) Information marked by the contractor as "<i data-tippy-content="Contractor bid or proposal information means any of the following information submitted to a Federal agency as part of or in connection with a bid or proposal to enter into a Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Cost or pricing data (as defined by 10 U.S.C. 3701(1) with respect to procurements subject to that section, and 41 U.S.C. 3501(a)(1), with respect to procurements subject to that section.(2) Indirect costs and direct labor rates.(3) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.(4) Information marked by the contractor as "contractor bid or proposal information" in accordance with applicable law or regulation.(5) Information marked in accordance with 52.215-1(e)." class="agov-definition">contractor bid or proposal information" in accordance with applicable law or regulation. (5) Information marked in accordance with <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_215_1">52.215-1</a>(e). Decision to award a subcontract or modification of subcontract means a decision to designate award to a particular source. <i data-tippy-content="Federal agency procurement means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. For broad agency announcements and small business innovation research programs, each proposal received by an agency constitutes a separate procurement for purposes of 41 U.S.C. chapter 21." class="agov-definition">Federal agency procurement means the <i data-tippy-content="Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract." class="agov-definition">acquisition (by using competitive procedures and awarding a contract) of goods or services (including <i data-tippy-content="Construction means construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property. For purposes of this definition, the terms "buildings, structures, or other real property" include, but are not limited to, improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, cemeteries, pumping stations, railways, airport facilities, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, and channels. Construction does not include the manufacture, production, furnishing, construction, alteration, repair, processing, or assembling of vessels, aircraft, or other kinds of personal property (except that for use in subpart 22.5, see the definition at 22.502)." class="agov-definition">construction) from non-Federal sources by a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency using appropriated funds. For <i data-tippy-content="Broad agency announcement means a general announcement of an agency’s research interest including criteria for selecting proposals and soliciting the participation of all offerors capable of satisfying the Government’s needs (see 6.102(d)(2))." class="agov-definition">broad agency announcements and small business innovation research programs, each proposal received by an agency constitutes a separate procurement for purposes of 41 U.S.C. chapter 21. <i data-tippy-content="In excess of $10,000,000 means–(1) The value, or estimated value, at the time of award, of the contract, including all options;(2) The total estimated value at the time of award of all orders under an indefinite-delivery, indefinite-quantity, or requirements contract;(3) Any multiple award schedule contract, unless the contracting officer documents a lower estimate;(4) The value of a delivery order, task order, or an order under a Basic Ordering Agreement;(5) The amount paid or to be paid in settlement of a claim; or(6) The estimated monetary value of negotiated overhead or other rates when applied to the Government portion of the applicable allocation base." class="agov-definition">In excess of $10,000,000 means– (1) The value, or estimated value, at the time of award, of the contract, including all <i data-tippy-content="Option means a unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract, or may elect to extend the term of the contract." class="agov-definition">options; (2) The total estimated value at the time of award of all orders under an indefinite-delivery, indefinite-quantity, or requirements contract; (3) Any multiple award schedule contract, unless the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer documents a lower estimate; (4) The value of a delivery order, task order, or an order under a Basic Ordering Agreement; (5) The amount paid or to be paid in settlement of a <i data-tippy-content="Claim means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71, Contract Disputes, until certified as required by the statute. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable time." class="agov-definition">claim; or (6) The estimated monetary value of negotiated overhead or other rates when applied to the Government portion of the applicable allocation base. <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">Official means– (1) An officer, as defined in <a class="xref" href="http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" target="_blank">5 U.S.C.2104</a>; (2) An employee, as defined in <a class="xref" href="http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" target="_blank">5 U.S.C.2105</a>; (3) A member of the uniformed services, as defined in <a class="xref" href="http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" target="_blank">5 U.S.C.2101(3)</a>; or (4) A special Government employee, as defined in 18 U.S.C.202. <i data-tippy-content="Participating personally and substantially in a Federal agency procurement means–(1) Active and significant involvement of an official in any of the following activities directly related to that procurement:(i) Drafting, reviewing, or approving the specification or statement of work for the procurement.:(ii) Preparing or developing the solicitation.(iii) Evaluating bids or proposals, or selecting a source.(iv) Negotiating price or terms and conditions of the contract.(v) Reviewing and approving the award of the contract.(2) "Participating personally" means participating directly, and includes the direct and active supervision of a subordinate's participation in the matter.(3) "Participating substantially" means that the official's involvement is of significance to the matter. Substantial participation requires more than official responsibility, knowledge, perfunctory involvement, or involvement on an administrative or peripheral issue. Participation may be substantial even though it is not determinative of the outcome of a particular matter. A finding of substantiality should be based not only on the effort devoted to a matter, but on the importance of the effort. While a series of peripheral involvements may be insubstantial, the single act of approving or participating in a critical step may be substantial. However, the review of procurement documents solely to determine compliance with regulatory, administrative, or budgetary procedures, does not constitute substantial participation in a procurement.(4) Generally, an official will not be considered to have participated personally and substantially in a procurement solely by participating in the following activities:(i) Agency-level boards, panels, or other advisory committees that review program milestones or evaluate and make recommendations regarding alternative technologies or approaches for satisfying broad agency-level missions or objectives.(ii) The performance of general, technical, engineering, or scientific effort having broad application not directly associated with a particular procurement, notwithstanding that such general, technical, engineering, or scientific effort subsequently may be incorporated into a particular procurement.(iii) Clerical functions supporting the conduct of a particular procurement.(iv) For procurements to be conducted under the procedures of OMB Circular A-76, participation in management studies, preparation of in-house cost estimates, preparation of "most efficient organization" analyses, and furnishing of data or technical support to be used by others in the development of performance standards, statements of work, or specifications." class="agov-definition">Participating personally and substantially in a Federal agency procurement means– (1) Active and significant involvement of an <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official in any of the following activities directly related to that procurement: (i) Drafting, reviewing, or approving the specification or statement of work for the procurement.: (ii) Preparing or developing the <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitation. (iii) Evaluating bids or proposals, or selecting a source. (iv) Negotiating price or terms and conditions of the contract. (v) Reviewing and approving the award of the contract. (2) "Participating personally" means participating directly, and includes the direct and active supervision of a subordinate's participation in the matter. (3) "Participating substantially" means that the <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official's involvement is of significance to the matter. Substantial participation requires more than <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official responsibility, knowledge, perfunctory involvement, or involvement on an administrative or peripheral issue. Participation may be substantial even though it is not determinative of the outcome of a particular matter. A finding of substantiality should be based not only on the effort devoted to a matter, but on the importance of the effort. While a series of peripheral involvements may be insubstantial, the single act of approving or participating in a critical step may be substantial. However, the review of procurement documents solely to determine compliance with regulatory, administrative, or budgetary procedures, does not constitute substantial participation in a procurement. (4) Generally, an <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official will not be considered to have participated personally and substantially in a procurement solely by participating in the following activities: (i) Agency-level boards, panels, or other advisory committees that review program milestones or evaluate and make recommendations regarding alternative technologies or approaches for satisfying broad agency-level missions or objectives. (ii) The performance of general, technical, engineering, or scientific effort having broad application not directly associated with a particular procurement, notwithstanding that such general, technical, engineering, or scientific effort subsequently may be incorporated into a particular procurement. (iii) Clerical functions supporting the conduct of a particular procurement. (iv) For procurements to be conducted under the procedures of OMB Circular A-76, participation in management studies, preparation of in-house cost estimates, preparation of "most efficient organization" analyses, and furnishing of data or technical support to be used by others in the development of performance standards, statements of work, or specifications. Source selection evaluation board means any board, team, council, or other group that evaluates bids or proposals. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title15" id="FAR_3_104_2" data-part="subsection" data-part-number="3.104-2"><h4 class="title topictitle4" id="ariaid-title15"> 3.104-2 General.</h4> <div class="body conbody"> (a) This section implements <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter21&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">41 U.S.C. chapter 21</a>, Restrictions on Obtaining and Disclosing Certain Information. Agency supplementation of <a class="xref fm:ParaNumOnly" href="#FAR_3_104">3.104</a>, including specific definitions to identify individuals who occupy positions specified in <a class="xref fm:ParaNumOnly" href="#FAR_3_104_3">3.104-3</a>(d)(1)(ii), and any clauses required by <a class="xref fm:ParaNumOnly" href="#FAR_3_104">3.104</a> must be approved by the <i data-tippy-content="Senior procurement executive means the individual appointed pursuant to 41 U.S.C. 1702(c) who is responsible for management direction of the acquisition system of the executive agency, including implementation of the unique acquisition policies, regulations, and standards of the executive agency." class="agov-definition">senior procurement executive of the agency, unless a law establishes a higher level of approval for that agency. (b) Agency <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">officials are reminded that there are other statutes and regulations that deal with the same or related prohibited conduct, for example- (1) The <i data-tippy-content="Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. For unsolicited proposals, see subpart 15.6." class="agov-definition">offer or acceptance of a bribe or gratuity is prohibited by 18 U.S.C. 201 and <a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4651&num=0&edition=prelim" target="_blank">10 U.S.C. 4651</a>. The acceptance of a gift, under certain circumstances, is prohibited by <a class="xref" href="http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" target="_blank">5 U.S.C. 7353</a> and 5 CFR Part 2635; (2) Contacts with an offeror during the conduct of an <i data-tippy-content="Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract." class="agov-definition">acquisition may constitute "seeking employment," (see Subpart F of 5 CFR Part 2636 and <a class="xref fm:ParaNumOnly" href="#FAR_3_104_3">3.104-3</a>(c)(2)). Government officers and employees (employees) are prohibited by 18 U.S.C. 208 and 5 CFR Part 2635 from participating personally and substantially in any particular matter that would affect the financial interests of any person with whom the employee is seeking employment. An employee who engages in negotiations or is otherwise seeking employment with an offeror or who has an arrangement concerning future employment with an offeror must comply with the applicable disqualification requirements of 5 CFR 2635.604 and 2635.606. The statutory prohibition in 18 U.S.C. 208 also may require an employee’s disqualification from participation in the <i data-tippy-content="Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract." class="agov-definition">acquisition even if the employee’s duties may not be considered "participating personally and substantially," as this term is defined in <a class="xref fm:ParaNumOnly" href="#FAR_3_104_1">3.104-1</a>; (3) Post-employment restrictions are covered by 18 U.S.C. 207 and 5 CFR parts 2637 and 2641, that prohibit certain activities by former Government employees, including representation of a contractor before the Government in relation to any contract or other particular matter involving specific parties on which the former employee participated personally and substantially while employed by the Government. Additional restrictions apply to certain senior Government employees and for particular matters under an employee’s <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official responsibility; (4) <a class="xref fm:Parts" href="/far/part-14#FAR_Part_14">parts 14</a> and <a class="xref fm:ParaNumOnly" href="/far/part-15#FAR_Part_15">15</a> place restrictions on the release of information related to procurements and other contractor information that must be protected under 18 U.S.C. 1905; (5) Release of information both before and after award (see <a class="xref fm:ParaNumOnly" href="#FAR_3_104_4">3.104-4</a>) may be prohibited by the Privacy Act (<a class="xref" href="http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" target="_blank">5 U.S.C. 552a</a>), the Trade Secrets Act (18 U.S.C. 1905), and other laws; and (6) Using nonpublic information to further an employee’s private interest or that of another and engaging in a financial transaction using nonpublic information are prohibited by 5 CFR 2635.703. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title16" id="FAR_3_104_3" data-part="subsection" data-part-number="3.104-3"><h4 class="title topictitle4" id="ariaid-title16"> 3.104-3 Statutory and related prohibitions, restrictions, and requirements.</h4> <div class="body conbody"> (a) Prohibition on disclosing procurement information(41 U.S.C. 2102). (1) A person described in paragraph (a)(2) of this subsection must not, other than as provided by law, knowingly disclose <i data-tippy-content="Contractor bid or proposal information means any of the following information submitted to a Federal agency as part of or in connection with a bid or proposal to enter into a Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Cost or pricing data (as defined by 10 U.S.C. 3701(1) with respect to procurements subject to that section, and 41 U.S.C. 3501(a)(1), with respect to procurements subject to that section.(2) Indirect costs and direct labor rates.(3) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.(4) Information marked by the contractor as "contractor bid or proposal information" in accordance with applicable law or regulation.(5) Information marked in accordance with 52.215-1(e)." class="agov-definition">contractor bid or proposal information or <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information before the award of a <i data-tippy-content="Federal agency procurement means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. For broad agency announcements and small business innovation research programs, each proposal received by an agency constitutes a separate procurement for purposes of 41 U.S.C. chapter 21." class="agov-definition">Federal agency procurement contract to which the information relates. (See <a class="xref fm:ParaNumOnly" href="#FAR_3_104_4">3.104-4</a>(a).) (2) Paragraph (a)(1) of this subsection applies to any person who- (i) Is a present or former <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official of the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States, or a person who is acting or has acted for or on behalf of, or who is advising or has advised the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States with respect to, a <i data-tippy-content="Federal agency procurement means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. For broad agency announcements and small business innovation research programs, each proposal received by an agency constitutes a separate procurement for purposes of 41 U.S.C. chapter 21." class="agov-definition">Federal agency procurement; and (ii) By virtue of that office, employment, or relationship, has or had access to <i data-tippy-content="Contractor bid or proposal information means any of the following information submitted to a Federal agency as part of or in connection with a bid or proposal to enter into a Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Cost or pricing data (as defined by 10 U.S.C. 3701(1) with respect to procurements subject to that section, and 41 U.S.C. 3501(a)(1), with respect to procurements subject to that section.(2) Indirect costs and direct labor rates.(3) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.(4) Information marked by the contractor as "contractor bid or proposal information" in accordance with applicable law or regulation.(5) Information marked in accordance with 52.215-1(e)." class="agov-definition">contractor bid or proposal information or <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information. (b) Prohibition on obtaining procurement information ( 41 U.S.C. 2102). A person must not, other than as provided by law, knowingly obtain <i data-tippy-content="Contractor bid or proposal information means any of the following information submitted to a Federal agency as part of or in connection with a bid or proposal to enter into a Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Cost or pricing data (as defined by 10 U.S.C. 3701(1) with respect to procurements subject to that section, and 41 U.S.C. 3501(a)(1), with respect to procurements subject to that section.(2) Indirect costs and direct labor rates.(3) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.(4) Information marked by the contractor as "contractor bid or proposal information" in accordance with applicable law or regulation.(5) Information marked in accordance with 52.215-1(e)." class="agov-definition">contractor bid or proposal information or <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information before the award of a <i data-tippy-content="Federal agency procurement means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. For broad agency announcements and small business innovation research programs, each proposal received by an agency constitutes a separate procurement for purposes of 41 U.S.C. chapter 21." class="agov-definition">Federal agency procurement contract to which the information relates. (c) Actions required when an agency <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official contacts or is contacted by an offeror regarding non-Federal employment (41 U.S.C. 2103). (1) If an agency <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official, <i data-tippy-content="Participating personally and substantially in a Federal agency procurement means–(1) Active and significant involvement of an official in any of the following activities directly related to that procurement:(i) Drafting, reviewing, or approving the specification or statement of work for the procurement.:(ii) Preparing or developing the solicitation.(iii) Evaluating bids or proposals, or selecting a source.(iv) Negotiating price or terms and conditions of the contract.(v) Reviewing and approving the award of the contract.(2) "Participating personally" means participating directly, and includes the direct and active supervision of a subordinate's participation in the matter.(3) "Participating substantially" means that the official's involvement is of significance to the matter. Substantial participation requires more than official responsibility, knowledge, perfunctory involvement, or involvement on an administrative or peripheral issue. Participation may be substantial even though it is not determinative of the outcome of a particular matter. A finding of substantiality should be based not only on the effort devoted to a matter, but on the importance of the effort. While a series of peripheral involvements may be insubstantial, the single act of approving or participating in a critical step may be substantial. However, the review of procurement documents solely to determine compliance with regulatory, administrative, or budgetary procedures, does not constitute substantial participation in a procurement.(4) Generally, an official will not be considered to have participated personally and substantially in a procurement solely by participating in the following activities:(i) Agency-level boards, panels, or other advisory committees that review program milestones or evaluate and make recommendations regarding alternative technologies or approaches for satisfying broad agency-level missions or objectives.(ii) The performance of general, technical, engineering, or scientific effort having broad application not directly associated with a particular procurement, notwithstanding that such general, technical, engineering, or scientific effort subsequently may be incorporated into a particular procurement.(iii) Clerical functions supporting the conduct of a particular procurement.(iv) For procurements to be conducted under the procedures of OMB Circular A-76, participation in management studies, preparation of in-house cost estimates, preparation of "most efficient organization" analyses, and furnishing of data or technical support to be used by others in the development of performance standards, statements of work, or specifications." class="agov-definition">participating personally and substantially in a Federal agency procurement for a contract in excess of the <i data-tippy-content="Simplified acquisition threshold means $250,000, except for—(1) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq.; or to support response to an emergency or major disaster (42 U.S.C. 5122), (41 U.S.C. 1903), the term means–(i) $800,000 for any contract to be awarded and performed, or purchase to be made, inside the United States; and(ii) $1.5 million for any contract to be awarded and performed, or purchase to be made, outside the United States; and(2) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a humanitarian or peacekeeping operation (10 U.S.C. 3015), the term means $500,000 for any contract to be awarded and performed, or purchase to be made, outside the United States." class="agov-definition">simplified acquisition threshold, contacts or is contacted by a person who is an offeror in that <i data-tippy-content="Federal agency procurement means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. For broad agency announcements and small business innovation research programs, each proposal received by an agency constitutes a separate procurement for purposes of 41 U.S.C. chapter 21." class="agov-definition">Federal agency procurement regarding possible non-Federal employment for that <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official, the <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official must- (i) Promptly report the contact <i data-tippy-content="In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information." class="agov-definition">in writing to the <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official’s supervisor and to the <i data-tippy-content="Agency ethics official means the designated agency ethics official described in 5 CFR 2638.201 or other designated person, including–(1) Deputy ethics officials described in 5 CFR 2638.204, to whom authority under 3.104-6 has been delegated by the designated agency ethics official; and(2) Alternate designated agency ethics officials described in 5 CFR 2638.202(b)." class="agov-definition">agency ethics official; and (ii) Either reject the possibility of non-Federal employment or disqualify himself or herself from further personal and substantial participation in that <i data-tippy-content="Federal agency procurement means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. For broad agency announcements and small business innovation research programs, each proposal received by an agency constitutes a separate procurement for purposes of 41 U.S.C. chapter 21." class="agov-definition">Federal agency procurement (see <a class="xref fm:ParaNumOnly" href="#FAR_3_104_5">3.104-5</a>) until such time as the agency authorizes the <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official to resume participation in that procurement, in accordance with the requirements of 18 U.S.C. 208 and applicable agency regulations, because- (A) The person is no longer an offeror in that <i data-tippy-content="Federal agency procurement means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. For broad agency announcements and small business innovation research programs, each proposal received by an agency constitutes a separate procurement for purposes of 41 U.S.C. chapter 21." class="agov-definition">Federal agency procurement; or (B) All discussions with the offeror regarding possible non-Federal employment have terminated without an agreement or arrangement for employment. (2) A contact is any of the actions included as "seeking employment" in 5 CFR 2635.603(b). In addition, unsolicited communications from offerors regarding possible employment are considered contacts. (3) Agencies must retain reports of employment contacts for 2 years from the date the report was submitted. (4) Conduct that complies with <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2104&num=0&edition=prelim" target="_blank">41 U.S.C. 2104</a> may be prohibited by other criminal statutes and the Standards of Ethical Conduct for Employees of the Executive Branch. See <a class="xref fm:ParaNumOnly" href="#FAR_3_104_2">3.104-2</a>(b)(2). (d) Prohibition on former <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official's acceptance of <i data-tippy-content="Compensation means wages, salaries, honoraria, commissions, professional fees, and any other form of compensation, provided directly or indirectly for services rendered. Compensation is indirectly provided if it is paid to an entity other than the individual, specifically in exchange for services provided by the individual." class="agov-definition">compensation from a contractor ( <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2104&num=0&edition=prelim" target="_blank">41 U.S.C. 2104</a>). (1) A former <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official of a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency may not accept <i data-tippy-content="Compensation means wages, salaries, honoraria, commissions, professional fees, and any other form of compensation, provided directly or indirectly for services rendered. Compensation is indirectly provided if it is paid to an entity other than the individual, specifically in exchange for services provided by the individual." class="agov-definition">compensation from a contractor that has been awarded a competitive or sole source contract, as an employee, officer, director, or consultant of the contractor within a period of 1 year after such former <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official- (i) Served, at the time of selection of the contractor or the award of a contract to that contractor, as the procuring <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer, the source selection authority, a member of a source selection evaluation board, or the chief of a financial or technical evaluation team in a procurement in which that contractor was selected for award of a contract <i data-tippy-content="In excess of $10,000,000 means–(1) The value, or estimated value, at the time of award, of the contract, including all options;(2) The total estimated value at the time of award of all orders under an indefinite-delivery, indefinite-quantity, or requirements contract;(3) Any multiple award schedule contract, unless the contracting officer documents a lower estimate;(4) The value of a delivery order, task order, or an order under a Basic Ordering Agreement;(5) The amount paid or to be paid in settlement of a claim; or(6) The estimated monetary value of negotiated overhead or other rates when applied to the Government portion of the applicable allocation base." class="agov-definition">in excess of $10,000,000; (ii) Served as the program manager, deputy program manager, or administrative <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer for a contract <i data-tippy-content="In excess of $10,000,000 means–(1) The value, or estimated value, at the time of award, of the contract, including all options;(2) The total estimated value at the time of award of all orders under an indefinite-delivery, indefinite-quantity, or requirements contract;(3) Any multiple award schedule contract, unless the contracting officer documents a lower estimate;(4) The value of a delivery order, task order, or an order under a Basic Ordering Agreement;(5) The amount paid or to be paid in settlement of a claim; or(6) The estimated monetary value of negotiated overhead or other rates when applied to the Government portion of the applicable allocation base." class="agov-definition">in excess of $10,000,000 awarded to that contractor; or (iii) Personally made for the <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency a decision to- (A) Award a contract, subcontract, modification of a contract or subcontract, or a task order or delivery order <i data-tippy-content="In excess of $10,000,000 means–(1) The value, or estimated value, at the time of award, of the contract, including all options;(2) The total estimated value at the time of award of all orders under an indefinite-delivery, indefinite-quantity, or requirements contract;(3) Any multiple award schedule contract, unless the contracting officer documents a lower estimate;(4) The value of a delivery order, task order, or an order under a Basic Ordering Agreement;(5) The amount paid or to be paid in settlement of a claim; or(6) The estimated monetary value of negotiated overhead or other rates when applied to the Government portion of the applicable allocation base." class="agov-definition">in excess of $10,000,000 to that contractor; (B) Establish overhead or other rates applicable to a contract or contracts for that contractor that are valued <i data-tippy-content="In excess of $10,000,000 means–(1) The value, or estimated value, at the time of award, of the contract, including all options;(2) The total estimated value at the time of award of all orders under an indefinite-delivery, indefinite-quantity, or requirements contract;(3) Any multiple award schedule contract, unless the contracting officer documents a lower estimate;(4) The value of a delivery order, task order, or an order under a Basic Ordering Agreement;(5) The amount paid or to be paid in settlement of a claim; or(6) The estimated monetary value of negotiated overhead or other rates when applied to the Government portion of the applicable allocation base." class="agov-definition">in excess of $10,000,000; (C) Approve issuance of a contract payment or payments <i data-tippy-content="In excess of $10,000,000 means–(1) The value, or estimated value, at the time of award, of the contract, including all options;(2) The total estimated value at the time of award of all orders under an indefinite-delivery, indefinite-quantity, or requirements contract;(3) Any multiple award schedule contract, unless the contracting officer documents a lower estimate;(4) The value of a delivery order, task order, or an order under a Basic Ordering Agreement;(5) The amount paid or to be paid in settlement of a claim; or(6) The estimated monetary value of negotiated overhead or other rates when applied to the Government portion of the applicable allocation base." class="agov-definition">in excess of $10,000,000 to that contractor; or (D) Pay or settle a <i data-tippy-content="Claim means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71, Contract Disputes, until certified as required by the statute. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable time." class="agov-definition">claim <i data-tippy-content="In excess of $10,000,000 means–(1) The value, or estimated value, at the time of award, of the contract, including all options;(2) The total estimated value at the time of award of all orders under an indefinite-delivery, indefinite-quantity, or requirements contract;(3) Any multiple award schedule contract, unless the contracting officer documents a lower estimate;(4) The value of a delivery order, task order, or an order under a Basic Ordering Agreement;(5) The amount paid or to be paid in settlement of a claim; or(6) The estimated monetary value of negotiated overhead or other rates when applied to the Government portion of the applicable allocation base." class="agov-definition">in excess of $10,000,000 with that contractor. (2) The 1-year prohibition begins on the date- (i) Of contract award for positions described in paragraph (d)(1)(i) of this subsection, or the date of contractor selection if the <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official was not serving in the position on the date of award; (ii) The <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official last served in one of the positions described in paragraph (d)(1)(ii) of this subsection; or (iii) The <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official made one of the decisions described in paragraph (d)(1)(iii) of this subsection. (3) Nothing in paragraph (d)(1) of this subsection may be construed to prohibit a former <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official of a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency from accepting <i data-tippy-content="Compensation means wages, salaries, honoraria, commissions, professional fees, and any other form of compensation, provided directly or indirectly for services rendered. Compensation is indirectly provided if it is paid to an entity other than the individual, specifically in exchange for services provided by the individual." class="agov-definition">compensation from any division or affiliate of a contractor that does not produce the same or similar products or services as the entity of the contractor that is responsible for the contract referred to in paragraph (d)(1) of this subsection. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title17" id="FAR_3_104_4" data-part="subsection" data-part-number="3.104-4"><h4 class="title topictitle4" id="ariaid-title17"> 3.104-4 Disclosure, protection, and marking of contractor bid or proposal information and source selection information.</h4> <div class="body conbody"> (a) Except as specifically provided for in this subsection, no person or other entity may disclose <i data-tippy-content="Contractor bid or proposal information means any of the following information submitted to a Federal agency as part of or in connection with a bid or proposal to enter into a Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Cost or pricing data (as defined by 10 U.S.C. 3701(1) with respect to procurements subject to that section, and 41 U.S.C. 3501(a)(1), with respect to procurements subject to that section.(2) Indirect costs and direct labor rates.(3) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.(4) Information marked by the contractor as "contractor bid or proposal information" in accordance with applicable law or regulation.(5) Information marked in accordance with 52.215-1(e)." class="agov-definition">contractor bid or proposal information or <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information to any person other than a person authorized, in accordance with applicable agency regulations or procedures, by the <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head or the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer to receive such information. (b) <i data-tippy-content="Contractor bid or proposal information means any of the following information submitted to a Federal agency as part of or in connection with a bid or proposal to enter into a Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Cost or pricing data (as defined by 10 U.S.C. 3701(1) with respect to procurements subject to that section, and 41 U.S.C. 3501(a)(1), with respect to procurements subject to that section.(2) Indirect costs and direct labor rates.(3) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.(4) Information marked by the contractor as "contractor bid or proposal information" in accordance with applicable law or regulation.(5) Information marked in accordance with 52.215-1(e)." class="agov-definition">Contractor bid or proposal information and <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information must be protected from unauthorized disclosure in accordance with <a class="xref fm:ParaNumOnly" href="/far/part-14#FAR_14_401">14.401</a>, <a class="xref fm:ParaNumOnly" href="/far/part-15#FAR_15_207">15.207</a>, applicable law, and agency regulations. (c) Individuals unsure if particular information is <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information, as defined in <a class="xref fm:ParaNumOnly" href="/far/part-2#FAR_2_101">2.101</a>, should consult with agency <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">officials as necessary. Individuals responsible for preparing material that may be <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information as described at paragraph (10) of the "<i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information" definition in <a class="xref fm:ParaNumOnly" href="/far/part-2#FAR_2_101">2.101</a> must mark the cover page and each page that the individual believes contains <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information with the legend "<i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">Source Selection Information-See FAR <a class="xref fm:ParaNumOnly" href="/far/part-2#FAR_2_101">2.101</a> and <a class="xref fm:ParaNumOnly" href="#FAR_3_104">3.104</a>." Although the information in paragraphs (1) through (9) of the definition in <a class="xref fm:ParaNumOnly" href="/far/part-2#FAR_2_101">2.101</a> is considered to be <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information whether or not marked, all reasonable efforts must be made to mark such material with the same legend. (d) Except as provided in paragraph (d)(3) of this subsection, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer must notify the contractor <i data-tippy-content="In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information." class="agov-definition">in writing if the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer believes that proprietary information, <i data-tippy-content="Contractor bid or proposal information means any of the following information submitted to a Federal agency as part of or in connection with a bid or proposal to enter into a Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Cost or pricing data (as defined by 10 U.S.C. 3701(1) with respect to procurements subject to that section, and 41 U.S.C. 3501(a)(1), with respect to procurements subject to that section.(2) Indirect costs and direct labor rates.(3) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.(4) Information marked by the contractor as "contractor bid or proposal information" in accordance with applicable law or regulation.(5) Information marked in accordance with 52.215-1(e)." class="agov-definition">contractor bid or proposal information, or information marked in accordance with <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_215_1">52.215-1</a>(e) has been inappropriately marked. The contractor that has affixed the marking must be given an opportunity to justify the marking. (1) If the contractor agrees that the marking is not justified, or does not respond within the time specified in the notice, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer may remove the marking and release the information. (2) If, after reviewing the contractor’s justification, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer determines that the marking is not justified, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer must notify the contractor <i data-tippy-content="In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information." class="agov-definition">in writing before releasing the information. (3) For <i data-tippy-content="Technical data means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases (see 41 U.S.C. 116)." class="agov-definition">technical data marked as proprietary by a contractor, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer must follow the procedures in <a class="xref fm:ParaNumOnly" href="/far/part-27#FAR_27_404_5">27.404-5</a>. (e) This section does not restrict or prohibit- (1) A contractor from disclosing its own bid or proposal information or the recipient from receiving that information. During <i data-tippy-content="Reverse auction means the process for obtaining pricing, usually supported by an electronic tool, in which offerors see competing offerors' price(s), without disclosure of the competing offerors' identity, and have the opportunity to submit lower priced offers until the close of the auction." class="agov-definition">reverse auctions, agencies may reveal to all offerors the offered price(s), but shall not reveal any offeror's identity except for the awardee's identity subsequent to an award resulting from the auction (see <a class="xref fm:Subpart" href="/far/part-17#FAR_Subpart_17_8">subpart 17.8</a>); (2) The disclosure or receipt of information, not otherwise protected, relating to a <i data-tippy-content="Federal agency procurement means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. For broad agency announcements and small business innovation research programs, each proposal received by an agency constitutes a separate procurement for purposes of 41 U.S.C. chapter 21." class="agov-definition">Federal agency procurement after it has been canceled by the <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency, before contract award, unless the <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency plans to resume the procurement; (3) Individual meetings between a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official and an offeror or potential offeror for, or a recipient of, a contract or subcontract under a <i data-tippy-content="Federal agency procurement means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. For broad agency announcements and small business innovation research programs, each proposal received by an agency constitutes a separate procurement for purposes of 41 U.S.C. chapter 21." class="agov-definition">Federal agency procurement, provided that unauthorized disclosure or receipt of <i data-tippy-content="Contractor bid or proposal information means any of the following information submitted to a Federal agency as part of or in connection with a bid or proposal to enter into a Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Cost or pricing data (as defined by 10 U.S.C. 3701(1) with respect to procurements subject to that section, and 41 U.S.C. 3501(a)(1), with respect to procurements subject to that section.(2) Indirect costs and direct labor rates.(3) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.(4) Information marked by the contractor as "contractor bid or proposal information" in accordance with applicable law or regulation.(5) Information marked in accordance with 52.215-1(e)." class="agov-definition">contractor bid or proposal information or <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information does not occur; or (4) The Government’s use of <i data-tippy-content="Technical data means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases (see 41 U.S.C. 116)." class="agov-definition">technical data in a manner consistent with the Government’s rights in the data. (f) This section does not authorize- (1) The withholding of any information pursuant to a proper request from the Congress, any committee or subcommittee thereof, a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency, the Comptroller General, or an Inspector General of a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency, except as otherwise authorized by law or regulation. Any release containing <i data-tippy-content="Contractor bid or proposal information means any of the following information submitted to a Federal agency as part of or in connection with a bid or proposal to enter into a Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Cost or pricing data (as defined by 10 U.S.C. 3701(1) with respect to procurements subject to that section, and 41 U.S.C. 3501(a)(1), with respect to procurements subject to that section.(2) Indirect costs and direct labor rates.(3) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.(4) Information marked by the contractor as "contractor bid or proposal information" in accordance with applicable law or regulation.(5) Information marked in accordance with 52.215-1(e)." class="agov-definition">contractor bid or proposal information or <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information must clearly identify the information as <i data-tippy-content="Contractor bid or proposal information means any of the following information submitted to a Federal agency as part of or in connection with a bid or proposal to enter into a Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Cost or pricing data (as defined by 10 U.S.C. 3701(1) with respect to procurements subject to that section, and 41 U.S.C. 3501(a)(1), with respect to procurements subject to that section.(2) Indirect costs and direct labor rates.(3) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.(4) Information marked by the contractor as "contractor bid or proposal information" in accordance with applicable law or regulation.(5) Information marked in accordance with 52.215-1(e)." class="agov-definition">contractor bid or proposal information or <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information related to the conduct of a <i data-tippy-content="Federal agency procurement means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. For broad agency announcements and small business innovation research programs, each proposal received by an agency constitutes a separate procurement for purposes of 41 U.S.C. chapter 21." class="agov-definition">Federal agency procurement and notify the recipient that the disclosure of the information is restricted by <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter21&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">41 U.S.C. chapter 21</a>; (2) The withholding of information from, or restricting its receipt by, the Comptroller General in the course of a protest against the award or proposed award of a <i data-tippy-content="Federal agency procurement means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. For broad agency announcements and small business innovation research programs, each proposal received by an agency constitutes a separate procurement for purposes of 41 U.S.C. chapter 21." class="agov-definition">Federal agency procurement contract; (3) The release of information after award of a contract or cancellation of a procurement if such information is <i data-tippy-content="Contractor bid or proposal information means any of the following information submitted to a Federal agency as part of or in connection with a bid or proposal to enter into a Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Cost or pricing data (as defined by 10 U.S.C. 3701(1) with respect to procurements subject to that section, and 41 U.S.C. 3501(a)(1), with respect to procurements subject to that section.(2) Indirect costs and direct labor rates.(3) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.(4) Information marked by the contractor as "contractor bid or proposal information" in accordance with applicable law or regulation.(5) Information marked in accordance with 52.215-1(e)." class="agov-definition">contractor bid or proposal information or <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information that pertains to another procurement; or (4) The disclosure, <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitation, or receipt of bid or proposal information or <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information after award if disclosure, <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitation, or receipt is prohibited by law. (See <a class="xref fm:ParaNumOnly" href="#FAR_3_104_2">3.104-2</a>(b)(5) and <a class="xref fm:Subpart" href="/far/part-24#FAR_Subpart_24_2">subpart 24.2</a>.) </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title18" id="FAR_3_104_5" data-part="subsection" data-part-number="3.104-5"><h4 class="title topictitle4" id="ariaid-title18"> 3.104-5 Disqualification.</h4> <div class="body conbody"> (a) Contacts through agents or other intermediaries. Employment contacts between the employee and the offeror, that are conducted through agents, or other intermediaries, may require disqualification under <a class="xref fm:ParaNumOnly" href="#FAR_3_104_3">3.104-3</a>(c)(1). These contacts may also require disqualification under other statutes and regulations. (See <a class="xref fm:ParaNumOnly" href="#FAR_3_104_2">3.104-2</a>(b)(2).) (b) Disqualification notice. In addition to submitting the contact report required by <a class="xref fm:ParaNumOnly" href="#FAR_3_104_3">3.104-3</a>(c)(1), an agency <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official who must disqualify himself or herself pursuant to <a class="xref fm:ParaNumOnly" href="#FAR_3_104_3">3.104-3</a>(c)(1)(ii) must promptly submit written notice of disqualification from further participation in the procurement to the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer, the source selection authority if other than the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer, and the agency <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official’s immediate supervisor. As a minimum, the notice must- (1) Identify the procurement; (2) Describe the nature of the agency <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official’s participation in the procurement and specify the approximate dates or time period of participation; and (3) Identify the offeror and describe its interest in the procurement. (c) Resumption of participation in a procurement. (1) The <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official must remain disqualified until such time as the agency, at its sole and exclusive discretion, authorizes the <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official to resume participation in the procurement in accordance with <a class="xref fm:ParaNumOnly" href="#FAR_3_104_3">3.104-3</a>(c)(1)(ii). (2) After the conditions of <a class="xref fm:ParaNumOnly" href="#FAR_3_104_3">3.104-3</a>(c)(1)(ii)(A) or (B) have been met, the head of the contracting activity (HCA), after consultation with the <i data-tippy-content="Agency ethics official means the designated agency ethics official described in 5 CFR 2638.201 or other designated person, including–(1) Deputy ethics officials described in 5 CFR 2638.204, to whom authority under 3.104-6 has been delegated by the designated agency ethics official; and(2) Alternate designated agency ethics officials described in 5 CFR 2638.202(b)." class="agov-definition">agency ethics official, may authorize the disqualified <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official to resume participation in the procurement, or may determine that an additional disqualification period is necessary to protect the integrity of the procurement process. In determining the disqualification period, the HCA must consider any factors that create an appearance that the disqualified <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official acted without complete impartiality in the procurement. The HCA’s reinstatement decision should be <i data-tippy-content="In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information." class="agov-definition">in writing. (3) Government officer or employee must also comply with the provisions of <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section208&num=0&edition=prelim" target="_blank">18 U.S.C.208</a> and 5 CFR part 2635 regarding any resumed participation in a procurement matter. Government officer or employee may not be reinstated to participate in a procurement matter affecting the financial interest of someone with whom the individual is seeking employment, unless the individual receives- (i) A waiver pursuant to <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section208(b)(1)&num=0&edition=prelim" target="_blank">18 U.S.C. 208(b)(1)</a> or (b)(3); or (ii) An authorization in accordance with the requirements of subpart F of 5 CFR part 2635. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title19" id="FAR_3_104_6" data-part="subsection" data-part-number="3.104-6"><h4 class="title topictitle4" id="ariaid-title19"> 3.104-6 Ethics advisory opinions regarding prohibitions on a former official’s acceptance of compensation from a contractor.</h4> <div class="body conbody"> (a) An <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official or former <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official of a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency who does not know whether he or she is or would be precluded by <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2104&num=0&edition=prelim" target="_blank">41 U.S.C. 2104</a> (see <a class="xref fm:ParaNumOnly" href="#FAR_3_104_3">3.104-3</a>(d)) from accepting <i data-tippy-content="Compensation means wages, salaries, honoraria, commissions, professional fees, and any other form of compensation, provided directly or indirectly for services rendered. Compensation is indirectly provided if it is paid to an entity other than the individual, specifically in exchange for services provided by the individual." class="agov-definition">compensation from a particular contractor may request advice from the appropriate <i data-tippy-content="Agency ethics official means the designated agency ethics official described in 5 CFR 2638.201 or other designated person, including–(1) Deputy ethics officials described in 5 CFR 2638.204, to whom authority under 3.104-6 has been delegated by the designated agency ethics official; and(2) Alternate designated agency ethics officials described in 5 CFR 2638.202(b)." class="agov-definition">agency ethics official before accepting such <i data-tippy-content="Compensation means wages, salaries, honoraria, commissions, professional fees, and any other form of compensation, provided directly or indirectly for services rendered. Compensation is indirectly provided if it is paid to an entity other than the individual, specifically in exchange for services provided by the individual." class="agov-definition">compensation. (b) The request for an advisory opinion must be <i data-tippy-content="In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information." class="agov-definition">in writing, include all relevant information reasonably available to the <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official or former <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official, and be dated and signed. The request must include information about the- (1) Procurement(s), or decision(s) on matters under <a class="xref fm:ParaNumOnly" href="#FAR_3_104_3">3.104-3</a>(d)(1)(iii), involving the particular contractor, in which the individual was or is involved, including contract or <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitation numbers, dates of <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitation or award, a description of the <i data-tippy-content="Supplies means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing." class="agov-definition">supplies or services procured or to be procured, and contract amount; (2) Individual’s participation in the procurement or decision, including the dates or time periods of that participation, and the nature of the individual’s duties, responsibilities, or actions; and (3) Contractor, including a description of the products or services produced by the division or affiliate of the contractor from whom the individual proposes to accept <i data-tippy-content="Compensation means wages, salaries, honoraria, commissions, professional fees, and any other form of compensation, provided directly or indirectly for services rendered. Compensation is indirectly provided if it is paid to an entity other than the individual, specifically in exchange for services provided by the individual." class="agov-definition">compensation. (c) Within 30 days after receipt of a request containing complete information, or as soon thereafter as practicable, the <i data-tippy-content="Agency ethics official means the designated agency ethics official described in 5 CFR 2638.201 or other designated person, including–(1) Deputy ethics officials described in 5 CFR 2638.204, to whom authority under 3.104-6 has been delegated by the designated agency ethics official; and(2) Alternate designated agency ethics officials described in 5 CFR 2638.202(b)." class="agov-definition">agency ethics official should issue an opinion on whether the proposed conduct would violate <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2104&num=0&edition=prelim" target="_blank">41 U.S.C. 2104</a>. (d) (1) If complete information is not included in the request, the <i data-tippy-content="Agency ethics official means the designated agency ethics official described in 5 CFR 2638.201 or other designated person, including–(1) Deputy ethics officials described in 5 CFR 2638.204, to whom authority under 3.104-6 has been delegated by the designated agency ethics official; and(2) Alternate designated agency ethics officials described in 5 CFR 2638.202(b)." class="agov-definition">agency ethics official may ask the requester to provide more information or request information from other persons, including the source selection authority, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer, or the requester’s immediate supervisor. (2) In issuing an opinion, the <i data-tippy-content="Agency ethics official means the designated agency ethics official described in 5 CFR 2638.201 or other designated person, including–(1) Deputy ethics officials described in 5 CFR 2638.204, to whom authority under 3.104-6 has been delegated by the designated agency ethics official; and(2) Alternate designated agency ethics officials described in 5 CFR 2638.202(b)." class="agov-definition">agency ethics official may rely upon the accuracy of information furnished by the requester or other agency sources, unless he or she has reason to believe that the information is fraudulent, misleading, or otherwise incorrect. (3) If the requester is advised in a written opinion by the <i data-tippy-content="Agency ethics official means the designated agency ethics official described in 5 CFR 2638.201 or other designated person, including–(1) Deputy ethics officials described in 5 CFR 2638.204, to whom authority under 3.104-6 has been delegated by the designated agency ethics official; and(2) Alternate designated agency ethics officials described in 5 CFR 2638.202(b)." class="agov-definition">agency ethics official that the requester may accept <i data-tippy-content="Compensation means wages, salaries, honoraria, commissions, professional fees, and any other form of compensation, provided directly or indirectly for services rendered. Compensation is indirectly provided if it is paid to an entity other than the individual, specifically in exchange for services provided by the individual." class="agov-definition">compensation from a particular contractor, and accepts such <i data-tippy-content="Compensation means wages, salaries, honoraria, commissions, professional fees, and any other form of compensation, provided directly or indirectly for services rendered. Compensation is indirectly provided if it is paid to an entity other than the individual, specifically in exchange for services provided by the individual." class="agov-definition">compensation in good faith reliance on that advisory opinion, then neither the requester nor the contractor will be found to have knowingly violated <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2104&num=0&edition=prelim" target="_blank">41 U.S.C. 2104</a>. If the requester or the contractor has actual knowledge or reason to believe that the opinion is based upon fraudulent, misleading, or otherwise incorrect information, their reliance upon the opinion will not be deemed to be in good faith. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title20" id="FAR_3_104_7" data-part="subsection" data-part-number="3.104-7"><h4 class="title topictitle4" id="ariaid-title20"> 3.104-7 Violations or possible violations.</h4> <div class="body conbody"> (a) A <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer who receives or obtains information of a violation or possible violation of <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2102&num=0&edition=prelim" target="_blank">41 U.S.C. 2102</a>, 2103, or 2104 (see <a class="xref fm:ParaNumOnly" href="#FAR_3_104_3">3.104-3</a>) must determine if the reported violation or possible violation has any impact on the pending award or selection of the contractor. (1) If the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer concludes that there is no impact on the procurement, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer must forward the information concerning the violation or possible violation and documentation supporting a determination that there is no impact on the procurement to an individual designated in accordance with agency procedures. (i) If that individual concurs, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer may proceed with the procurement. (ii) If that individual does not concur, the individual must promptly forward the information and documentation to the HCA and advise the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer to withhold award. (2) If the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer concludes that the violation or possible violation impacts the procurement, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer must promptly forward the information to the HCA. (b) The HCA must review all information available and, in accordance with agency procedures, take appropriate action, such as— (1) Advise the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer to continue with the procurement; (2) Begin an investigation; (3) Refer the information disclosed to appropriate criminal investigative agencies; (4) Conclude that a violation occurred; or (5) Recommend that the <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head determine that the contractor, or someone acting for the contractor, has engaged in conduct constituting an offense punishable under <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2105&num=0&edition=prelim" target="_blank">41 U.S.C. 2105</a>, for the purpose of voiding or rescinding the contract. (c) Before concluding that an offeror, contractor, or person has violated <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter21&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">41 U.S.C. chapter 21</a>, the HCA may consider that the interests of the Government are best served by requesting information from appropriate parties regarding the violation or possible violation. (d) If the HCA concludes that <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter21&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">41 U.S.C. chapter 21</a> has been violated, the HCA may direct the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer to- (1) If a contract has not been awarded– (i) Cancel the procurement; (ii) Disqualify an offeror; or (iii) Take any other appropriate actions in the interests of the Government. (2) If a contract has been awarded- (i) Effect appropriate contractual remedies, including profit recapture under the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_10">52.203-10</a>, Price or Fee Adjustment for Illegal or Improper Activity, or, if the contract has been rescinded under paragraph (d)(2)(ii) of this subsection, recovery of the amount expended under the contract; (ii) Void or rescind the contract with respect to which– (A) The contractor or someone acting for the contractor has been convicted for an offense where the conduct constitutes a violation of <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2102&num=0&edition=prelim" target="_blank">41 U.S.C. 2102</a> for the purpose of either- (1) Exchanging the information covered by the subsections for anything of value; or (2) Obtaining or giving anyone a competitive advantage in the award of a <i data-tippy-content="Federal agency procurement means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. For broad agency announcements and small business innovation research programs, each proposal received by an agency constitutes a separate procurement for purposes of 41 U.S.C. chapter 21." class="agov-definition">Federal agency procurement contract; or (B) The <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head has determined, based upon a <i data-tippy-content="Preponderance of the evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not." class="agov-definition">preponderance of the evidence, that the contractor or someone acting for the contractor has engaged in conduct constituting an offense punishable under <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2105(a)&num=0&edition=prelim" target="_blank">41 U.S.C. 2105(a)</a>; or (iii) Take any other appropriate actions in the best interests of the Government. (3) Refer the matter to the agency suspending or debarring <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official. (e) The HCA should recommend or direct an administrative or contractual remedy commensurate with the severity and effect of the violation. (f) If the HCA determines that urgent and compelling circumstances justify an award, or award is otherwise in the interests of the Government, the HCA, in accordance with agency procedures, may authorize the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer to award the contract or execute the contract modification after notifying the <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head. (g) The HCA may delegate his or her authority under this subsection to an individual at least one organizational level above the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer and of General Officer, Flag, Senior Executive Service, or equivalent rank. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title21" id="FAR_3_104_8" data-part="subsection" data-part-number="3.104-8"><h4 class="title topictitle4" id="ariaid-title21"> 3.104-8 Criminal and civil penalties, and further administrative remedies.</h4> <div class="body conbody"> Criminal and civil penalties, and administrative remedies, may apply to conduct that violates <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter21&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">41 U.S.C. chapter 21</a> (see <a class="xref fm:ParaNumOnly" href="#FAR_3_104_3">3.104-3</a>). See <a class="xref fm:ParaNumOnly" href="/far/part-33#FAR_33_102">33.102</a>(f) for special rules regarding bid protests. See <a class="xref fm:ParaNumOnly" href="#FAR_3_104_7">3.104-7</a> for administrative remedies relating to contracts. (a) An <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official who knowingly fails to comply with the requirements of <a class="xref fm:ParaNumOnly" href="#FAR_3_104_3">3.104-3</a> is subject to the penalties and administrative action set forth in <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2105&num=0&edition=prelim" target="_blank">41 U.S.C. 2105</a>. (b) An offeror who engages in employment discussion with an <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official subject to the restrictions of <a class="xref fm:ParaNumOnly" href="#FAR_3_104_3">3.104-3</a>, knowing that the <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official has not complied with <a class="xref fm:ParaNumOnly" href="#FAR_3_104_3">3.104-3</a>(c)(1), is subject to the criminal, civil, or administrative penalties set forth in <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2105&num=0&edition=prelim" target="_blank">41 U.S.C. 2105</a>. (c) An <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official who refuses to terminate employment discussions (see <a class="xref fm:ParaNumOnly" href="#FAR_3_104_5">3.104-5</a>) may be subject to agency administrative actions under 5 CFR 2635.604(d) if the <i data-tippy-content="Official means–(1) An officer, as defined in 5 U.S.C.2104;(2) An employee, as defined in 5 U.S.C.2105;(3) A member of the uniformed services, as defined in 5 U.S.C.2101(3); or(4) A special Government employee, as defined in 18 U.S.C.202." class="agov-definition">official’s disqualification from participation in a particular procurement interferes substantially with the individual’s ability to perform assigned duties. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title22" id="FAR_3_104_9" data-part="subsection" data-part-number="3.104-9"><h4 class="title topictitle4" id="ariaid-title22"> 3.104-9 Contract clauses.</h4> <div class="body conbody"> In <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations and contracts that exceed the <i data-tippy-content="Simplified acquisition threshold means $250,000, except for—(1) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq.; or to support response to an emergency or major disaster (42 U.S.C. 5122), (41 U.S.C. 1903), the term means–(i) $800,000 for any contract to be awarded and performed, or purchase to be made, inside the United States; and(ii) $1.5 million for any contract to be awarded and performed, or purchase to be made, outside the United States; and(2) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a humanitarian or peacekeeping operation (10 U.S.C. 3015), the term means $500,000 for any contract to be awarded and performed, or purchase to be made, outside the United States." class="agov-definition">simplified acquisition threshold, other than those for <i data-tippy-content="Commercial product means— (1) A product, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes, and–(i) Has been sold, leased, or licensed to the general public; or(ii) Has been offered for sale, lease, or license to the general public;(2) A product that evolved from a product described in paragraph (1) of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation;(3) A product that would satisfy a criterion expressed in paragraph (1) or (2) of this definition, except for-(i) Modifications of a type customarily available in the commercial marketplace; or(ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. “Minor modifications” means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor;(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) of this definition that are of a type customarily combined and sold in combination to the general public;(5) A product, or combination of products, referred to in paragraphs (1) through (4) of this definition, even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor; or(6) A nondevelopmental item, if the procuring agency determines the product was developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments." class="agov-definition">commercial products or <i data-tippy-content="Commercial service means— (1) Installation services, maintenance services, repair services, training services, and other services if–(i) Such services are procured for support of a commercial product as defined in this section, regardless of whether such services are provided by the same source or at the same time as the commercial product; and(ii) The source of such services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;(2) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions. For purposes of these services–(i)Catalog price means a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or vendor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public; and(ii)Market prices means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors; or(3) A service referred to in paragraph (1) or (2) of this definition, even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor." class="agov-definition">commercial services, insert the clauses at— (a) <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_8">52.203-8</a>, Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity; and (b) <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_10">52.203-10</a>, Price or Fee Adjustment for Illegal or Improper Activity. </div> </article></article></article><article class="topic nested1" aria-labelledby="ariaid-title23" id="FAR_Subpart_3_2" data-part="subpart" data-part-number="3.2"><h2 class="title topictitle2 Subpart" id="ariaid-title23"> Subpart 3.2 - Contractor Gratuities to Government Personnel</h2> <article class="topic concept nested2" aria-labelledby="ariaid-title24" id="FAR_3_201" data-part="section" data-part-number="3.201"><h3 class="title topictitle3" id="ariaid-title24"> 3.201 Applicability.</h3> <div class="body conbody"> This subpart applies to all <i data-tippy-content="Executive agency means an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C.101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101." class="agov-definition">executive agencies, except that coverage concerning exemplary damages applies only to the Department of Defense (<a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4651&num=0&edition=prelim" target="_blank">10 U.S.C. 4651</a>). </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title25" id="FAR_3_202" data-part="section" data-part-number="3.202"><h3 class="title topictitle3" id="ariaid-title25"> 3.202 Contract clause.</h3> <div class="body conbody"> The <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall insert the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_3">52.203-3</a>, Gratuities, in <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations and contracts with a value exceeding the <i data-tippy-content="Simplified acquisition threshold means $250,000, except for—(1) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq.; or to support response to an emergency or major disaster (42 U.S.C. 5122), (41 U.S.C. 1903), the term means–(i) $800,000 for any contract to be awarded and performed, or purchase to be made, inside the United States; and(ii) $1.5 million for any contract to be awarded and performed, or purchase to be made, outside the United States; and(2) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a humanitarian or peacekeeping operation (10 U.S.C. 3015), the term means $500,000 for any contract to be awarded and performed, or purchase to be made, outside the United States." class="agov-definition">simplified acquisition threshold, except those for personal services and those between military departments or defense agencies and foreign governments that do not obligate any funds appropriated to the Department of Defense. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title26" id="FAR_3_203" data-part="section" data-part-number="3.203"><h3 class="title topictitle3" id="ariaid-title26"> 3.203 Reporting suspected violations of the Gratuities clause.</h3> <div class="body conbody"> Agency personnel shall report suspected violations of the Gratuities clause to the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer or other designated official in accordance with agency procedures. The agency reporting procedures shall be published as an implementation of this section <a class="xref fm:ParaNumOnly" href="#FAR_3_203">3.203</a> and shall clearly specify- (a) What to report and how to report it; and (b) The channels through which reports must pass, including the function and authority of each official designated to review them. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title27" id="FAR_3_204" data-part="section" data-part-number="3.204"><h3 class="title topictitle3" id="ariaid-title27"> 3.204 Treatment of violations.</h3> <div class="body conbody"> (a) Before taking any action against a contractor, the <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head or a designee shall determine, after notice and hearing under agency procedures, whether the contractor, its agent, or another representative, under a contract containing the Gratuities clause- (1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and (2) Intended by the gratuity to obtain a contract or favorable treatment under a contract (intent generally must be inferred). (b) Agency procedures shall afford the contractor an opportunity to appear with counsel, submit documentary evidence, present witnesses, and confront any person the agency presents. The procedures should be as informal as practicable, consistent with principles of fundamental fairness. (c) When the <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head or designee determines that a violation has occurred, the Government may- (1) Terminate the contractor’s right to proceed; (2) Initiate <i data-tippy-content="Debarment means action taken by a debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a contractor that is excluded is "debarred."" class="agov-definition">debarment or <i data-tippy-content="Suspension means action taken by a suspending official under 9.407 to disqualify a contractor temporarily from Government contracting and Government-approved subcontracting; a contractor that is disqualified is "suspended."" class="agov-definition">suspension measures as set forth in <a class="xref fm:Subpart" href="/far/part-9#FAR_Subpart_9_4">subpart 9.4</a>; and (3) Assess exemplary damages, if the contract uses money appropriated to the Department of Defense. </div> </article></article><article class="topic nested1" aria-labelledby="ariaid-title28" id="FAR_Subpart_3_3" data-part="subpart" data-part-number="3.3"><h2 class="title topictitle2 Subpart" id="ariaid-title28"> Subpart 3.3 - Reports of Suspected Antitrust Violations</h2> <article class="topic concept nested2" aria-labelledby="ariaid-title29" id="FAR_3_301" data-part="section" data-part-number="3.301"><h3 class="title topictitle3" id="ariaid-title29"> 3.301 General.</h3> <div class="body conbody"> (a) Practices that eliminate competition or restrain trade usually lead to excessive prices and may warrant criminal, civil, or administrative action against the participants. Examples of anticompetitive practices are collusive bidding, follow-the-leader pricing, rotated low bids, collusive price estimating systems, and sharing of the business. (b) <i data-tippy-content="Contracting means purchasing, renting, leasing, or otherwise obtaining supplies or services from nonfederal sources. Contracting includes description (but not determination) of supplies and services required, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. It does not include making grants or cooperative agreements." class="agov-definition">Contracting personnel are an important potential source of investigative leads for antitrust enforcement and should therefore be sensitive to indications of unlawful behavior by offerors and contractors. Agency personnel shall report, in accordance with agency regulations, evidence of suspected antitrust violations in <i data-tippy-content="Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract." class="agov-definition">acquisitions for possible referral to- (1) The Attorney General under <a class="xref fm:ParaNumOnly" href="#FAR_3_303">3.303</a>; and (2) The agency office responsible for contractor <i data-tippy-content="Debarment means action taken by a debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a contractor that is excluded is "debarred."" class="agov-definition">debarment and <i data-tippy-content="Suspension means action taken by a suspending official under 9.407 to disqualify a contractor temporarily from Government contracting and Government-approved subcontracting; a contractor that is disqualified is "suspended."" class="agov-definition">suspension under <a class="xref fm:Subpart" href="/far/part-9#FAR_Subpart_9_4">subpart 9.4</a>. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title30" id="FAR_3_302" data-part="section" data-part-number="3.302"><h3 class="title topictitle3" id="ariaid-title30"> 3.302 Definitions.</h3> <div class="body conbody"> As used in this subpart- Identical bids means bids for the same <i data-tippy-content="Line item means the basic structural element in a procurement instrument that describes and organizes the required product or service for pricing, delivery, inspection, acceptance, invoicing, and payment. The use of the term "line item" includes "subline item," as applicable." class="agov-definition">line item that are determined to be identical as to unit price or total <i data-tippy-content="Line item means the basic structural element in a procurement instrument that describes and organizes the required product or service for pricing, delivery, inspection, acceptance, invoicing, and payment. The use of the term "line item" includes "subline item," as applicable." class="agov-definition">line item amount, with or without the application of evaluation factors (e.g., discount or transportation cost). </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title31" id="FAR_3_303" data-part="section" data-part-number="3.303"><h3 class="title topictitle3" id="ariaid-title31"> 3.303 Reporting suspected antitrust violations.</h3> <div class="body conbody"> (a) Agencies are required by <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3707&num=0&edition=prelim" target="_blank">41 U.S.C.3707</a> and <a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3307&num=0&edition=prelim" target="_blank">10 U.S.C. 3307</a> to report to the Attorney General any bids or proposals that evidence a violation of the antitrust laws. These reports are in addition to those required by <a class="xref fm:Subpart" href="/far/part-9#FAR_Subpart_9_4">subpart 9.4</a>. (b) The antitrust laws are intended to ensure that markets operate competitively. Any agreement or mutual understanding among competing firms that restrains the natural operation of market forces is suspect. Paragraph (c) of this section identifies behavior patterns that are often associated with antitrust violations. Activities meeting the descriptions in paragraph (c) are not necessarily improper, but they are sufficiently questionable to warrant notifying the appropriate authorities, in accordance with agency procedures. (c) Practices or events that may evidence violations of the antitrust laws include- (1) The existence of an "industry price list" or "price agreement" to which contractors refer in formulating their <i data-tippy-content="Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. For unsolicited proposals, see subpart 15.6." class="agov-definition">offers; (2) A sudden change from competitive bidding to identical bidding; (3) Simultaneous price increases or follow-the-leader pricing; (4) Rotation of bids or proposals, so that each competitor takes a turn in sequence as low bidder, or so that certain competitors bid low only on some sizes of contracts and high on other sizes; (5) Division of the market, so that certain competitors bid low only for contracts awarded by certain agencies, or for contracts in certain geographical areas, or on certain products, and bid high on all other jobs; (6) Establishment by competitors of a collusive price estimating system; (7) The filing of a joint bid by two or more competitors when at least one of the competitors has sufficient technical capability and productive capacity for contract performance; (8) Any incidents suggesting direct collusion among competitors, such as the appearance of identical calculation or spelling errors in two or more competitive <i data-tippy-content="Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. For unsolicited proposals, see subpart 15.6." class="agov-definition">offers or the submission by one firm of <i data-tippy-content="Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. For unsolicited proposals, see subpart 15.6." class="agov-definition">offers for other firms; and (9) Assertions by the employees, former employees, or competitors of offerors, that an agreement to restrain trade exists. (d) Identical bids shall be reported under this section if the agency has some reason to believe that the bids resulted from collusion. (e) For <i data-tippy-content="Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. For unsolicited proposals, see subpart 15.6." class="agov-definition">offers from foreign contractors for contracts to be performed outside the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States and its <i data-tippy-content="Outlying areas means-(1) Commonwealths(i) Puerto Rico.(ii) The Northern Mariana Islands;(2)Territories.(i) American Samoa.(ii) Guam.(iii) U.S. Virgin Islands; and(3)Minor outlying islands.(i) Baker Island.(ii) Howland Island.(iii) Jarvis Island.(iv) Johnston Atoll.(v) Kingman Reef.(vi) Midway Islands.(vii) Navassa Island.(viii) Palmyra Atoll.(ix) Wake Atoll." class="agov-definition">outlying areas, <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officers may refer suspected collusive <i data-tippy-content="Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. For unsolicited proposals, see subpart 15.6." class="agov-definition">offers to the authorities of the foreign government concerned for appropriate action. (f) Agency reports shall be addressed to the- Attorney General U.S. Department of Justice Washington DC 20530 Attention: Assistant Attorney General Antitrust Division and shall include- (1) A brief statement describing the suspected practice and the reason for the suspicion; and (2) The name, address, and telephone number of an individual in the agency who can be contacted for further information. (g) Questions concerning this reporting requirement may be communicated by telephone directly to the Office of the Assistant Attorney General, Antitrust Division. </div> </article></article><article class="topic nested1" aria-labelledby="ariaid-title32" id="FAR_Subpart_3_4" data-part="subpart" data-part-number="3.4"><h2 class="title topictitle2 Subpart" id="ariaid-title32"> Subpart 3.4 - Contingent Fees</h2> <article class="topic nested2" aria-labelledby="ariaid-title33" id="FAR_3_400" data-part="section" data-part-number="3.400"><h3 class="title topictitle3" id="ariaid-title33"> 3.400 Scope of subpart.</h3> <div class="body"> This subpart prescribes policies and procedures that restrict <i data-tippy-content="Contingent fee means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract." class="agov-definition">contingent fee arrangements for soliciting or obtaining Government contracts to those permitted by <a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3321&num=0&edition=prelim" target="_blank">10 U.S.C. 3321(b)(1)</a> and <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim" target="_blank">41 U.S.C. 3901</a>. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title34" id="FAR_3_401" data-part="section" data-part-number="3.401"><h3 class="title topictitle3" id="ariaid-title34"> 3.401 Definitions.</h3> <div class="body conbody"> As used in this subpart- <i data-tippy-content="Bona fide agency means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence." class="agov-definition">Bona fide agency means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert <i data-tippy-content="Improper influence means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter." class="agov-definition">improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through <i data-tippy-content="Improper influence means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter." class="agov-definition">improper influence. <i data-tippy-content="Bona fide employee means a person, employed by a contractor and subject to the contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence." class="agov-definition">Bona fide employee means a person, employed by a contractor and subject to the contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert <i data-tippy-content="Improper influence means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter." class="agov-definition">improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through <i data-tippy-content="Improper influence means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter." class="agov-definition">improper influence. <i data-tippy-content="Contingent fee means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract." class="agov-definition">Contingent fee means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. <i data-tippy-content="Improper influence means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter." class="agov-definition">Improper influence means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title35" id="FAR_3_402" data-part="section" data-part-number="3.402"><h3 class="title topictitle3" id="ariaid-title35"> 3.402 Statutory requirements.</h3> <div class="body conbody"> Contractors’ arrangements to pay <i data-tippy-content="Contingent fee means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract." class="agov-definition">contingent fees for soliciting or obtaining Government contracts have long been considered contrary to public policy because such arrangements may lead to attempted or actual exercise of <i data-tippy-content="Improper influence means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter." class="agov-definition">improper influence. In <a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3321&num=0&edition=prelim" target="_blank">10 U.S.C. 3321(b)</a> and <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim" target="_blank">41 U.S.C.3901</a>, Congress affirmed this public policy but permitted certain exceptions. These statutes- (a) Require in every negotiated contract a <i data-tippy-content="Warranty means a promise or affirmation given by a contractor to the Government regarding the nature, usefulness, or condition of the supplies or performance of services furnished under the contract." class="agov-definition">warranty by the contractor against <i data-tippy-content="Contingent fee means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract." class="agov-definition">contingent fees; (b) Permit, as an exception to the <i data-tippy-content="Warranty means a promise or affirmation given by a contractor to the Government regarding the nature, usefulness, or condition of the supplies or performance of services furnished under the contract." class="agov-definition">warranty, <i data-tippy-content="Contingent fee means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract." class="agov-definition">contingent fee arrangements between contractors and <i data-tippy-content="Bona fide employee means a person, employed by a contractor and subject to the contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence." class="agov-definition">bona fide employees or <i data-tippy-content="Bona fide agency means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence." class="agov-definition">bona fide agencies; and (c) Provide that, for breach or violation of the <i data-tippy-content="Warranty means a promise or affirmation given by a contractor to the Government regarding the nature, usefulness, or condition of the supplies or performance of services furnished under the contract." class="agov-definition">warranty by the contractor, the Government may annul the contract without liability or deduct from the contract price or consideration, or otherwise recover, the full amount of the <i data-tippy-content="Contingent fee means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract." class="agov-definition">contingent fee. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title36" id="FAR_3_403" data-part="section" data-part-number="3.403"><h3 class="title topictitle3" id="ariaid-title36"> 3.403 Applicability.</h3> <div class="body conbody"> This subpart applies to all contracts. Statutory requirements for negotiated contracts are, as a matter of policy, extended to sealed bid contracts. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title37" id="FAR_3_404" data-part="section" data-part-number="3.404"><h3 class="title topictitle3" id="ariaid-title37"> 3.404 Contract clause.</h3> <div class="body conbody"> The <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall insert the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_5">52.203-5</a>, Covenant Against <i data-tippy-content="Contingent fee means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract." class="agov-definition">Contingent Fees, in all <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations and contracts exceeding the <i data-tippy-content="Simplified acquisition threshold means $250,000, except for—(1) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq.; or to support response to an emergency or major disaster (42 U.S.C. 5122), (41 U.S.C. 1903), the term means–(i) $800,000 for any contract to be awarded and performed, or purchase to be made, inside the United States; and(ii) $1.5 million for any contract to be awarded and performed, or purchase to be made, outside the United States; and(2) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a humanitarian or peacekeeping operation (10 U.S.C. 3015), the term means $500,000 for any contract to be awarded and performed, or purchase to be made, outside the United States." class="agov-definition">simplified acquisition threshold, other than those for <i data-tippy-content="Commercial product means— (1) A product, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes, and–(i) Has been sold, leased, or licensed to the general public; or(ii) Has been offered for sale, lease, or license to the general public;(2) A product that evolved from a product described in paragraph (1) of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation;(3) A product that would satisfy a criterion expressed in paragraph (1) or (2) of this definition, except for-(i) Modifications of a type customarily available in the commercial marketplace; or(ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. “Minor modifications” means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor;(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) of this definition that are of a type customarily combined and sold in combination to the general public;(5) A product, or combination of products, referred to in paragraphs (1) through (4) of this definition, even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor; or(6) A nondevelopmental item, if the procuring agency determines the product was developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments." class="agov-definition">commercial products or <i data-tippy-content="Commercial service means— (1) Installation services, maintenance services, repair services, training services, and other services if–(i) Such services are procured for support of a commercial product as defined in this section, regardless of whether such services are provided by the same source or at the same time as the commercial product; and(ii) The source of such services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;(2) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions. For purposes of these services–(i)Catalog price means a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or vendor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public; and(ii)Market prices means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors; or(3) A service referred to in paragraph (1) or (2) of this definition, even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor." class="agov-definition">commercial services (see <a class="xref fm:Parts" href="/far/part-2#FAR_Part_2">parts 2</a> and <a class="xref fm:ParaNumOnly" href="/far/part-12#FAR_Part_12">12</a>). </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title38" id="FAR_3_405" data-part="section" data-part-number="3.405"><h3 class="title topictitle3" id="ariaid-title38"> 3.405 Misrepresentations or violations of the Covenant Against Contingent Fees.</h3> <div class="body conbody"> (a) Government personnel who suspect or have evidence of attempted or actual exercise of <i data-tippy-content="Improper influence means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter." class="agov-definition">improper influence, misrepresentation of a <i data-tippy-content="Contingent fee means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract." class="agov-definition">contingent fee arrangement, or other violation of the Covenant Against <i data-tippy-content="Contingent fee means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract." class="agov-definition">Contingent Fees shall report the matter promptly to the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer or appropriate higher authority in accordance with agency procedures. (b) When there is specific evidence or other reasonable basis to suspect one or more of the violations in paragraph (a) of this section, the chief of the <i data-tippy-content="Contracting office means an office that awards or executes a contract for supplies or services and performs postaward functions not assigned to a contract administration office (except for use in part 48, see also 48.001)." class="agov-definition">contracting office shall review the facts and, if appropriate, take or direct one or more of the following, or other, actions: (1) If before award, reject the bid or proposal. (2) If after award, enforce the Government’s right to annul the contract or to recover the fee. (3) Initiate <i data-tippy-content="Suspension means action taken by a suspending official under 9.407 to disqualify a contractor temporarily from Government contracting and Government-approved subcontracting; a contractor that is disqualified is "suspended."" class="agov-definition">suspension or <i data-tippy-content="Debarment means action taken by a debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a contractor that is excluded is "debarred."" class="agov-definition">debarment action under <a class="xref fm:Subpart" href="/far/part-9#FAR_Subpart_9_4">subpart 9.4</a>. (4) Refer suspected fraudulent or criminal matters to the Department of Justice, as prescribed in agency regulations. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title39" id="FAR_3_406" data-part="section" data-part-number="3.406"><h3 class="title topictitle3" id="ariaid-title39"> 3.406 Records.</h3> <div class="body conbody"> For enforcement purposes, agencies shall preserve any specific evidence of one or more of the violations in <a class="xref fm:ParaNumOnly" href="#FAR_3_405">3.405</a>(a), together with all other pertinent data, including a record of actions taken. <i data-tippy-content="Contracting office means an office that awards or executes a contract for supplies or services and performs postaward functions not assigned to a contract administration office (except for use in part 48, see also 48.001)." class="agov-definition">Contracting offices shall not retire or destroy these records until it is certain that they are no longer needed for enforcement purposes. If the original record is maintained in a central file, a copy must be retained in the contract file. </div> </article></article><article class="topic nested1" aria-labelledby="ariaid-title40" id="FAR_Subpart_3_5" data-part="subpart" data-part-number="3.5"><h2 class="title topictitle2 Subpart" id="ariaid-title40"> Subpart 3.5 - Other Improper Business Practices</h2> <article class="topic concept nested2" aria-labelledby="ariaid-title41" id="FAR_3_501" data-part="section" data-part-number="3.501"><h3 class="title topictitle3" id="ariaid-title41"> 3.501 Buying-in.</h3> <article class="topic concept nested3" aria-labelledby="ariaid-title42" id="FAR_3_501_1" data-part="subsection" data-part-number="3.501-1"><h4 class="title topictitle4" id="ariaid-title42"> 3.501-1 Definition.</h4> <div class="body conbody"> <i data-tippy-content="Buying-in, as used in this section, means submitting an offer below anticipated costs, expecting to-(1) Increase the contract amount after award (e.g., through unnecessary or excessively priced change orders); or(2) Receive follow-on contracts at artificially high prices to recover losses incurred on the buy-in contract." class="agov-definition">Buying-in, as used in this section, means submitting an <i data-tippy-content="Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. For unsolicited proposals, see subpart 15.6." class="agov-definition">offer below anticipated costs, expecting to- (1) Increase the contract amount after award (e.g., through unnecessary or excessively priced <i data-tippy-content="Change order means a written order, signed by the contracting officer, directing the contractor to make a change that the Changes clause authorizes the contracting officer to order without the contractor’s consent." class="agov-definition">change orders); or (2) Receive follow-on contracts at artificially high prices to recover losses incurred on the buy-in contract. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title43" id="FAR_3_501_2" data-part="subsection" data-part-number="3.501-2"><h4 class="title topictitle4" id="ariaid-title43"> 3.501-2 General.</h4> <div class="body conbody"> (a) <i data-tippy-content="Buying-in, as used in this section, means submitting an offer below anticipated costs, expecting to-(1) Increase the contract amount after award (e.g., through unnecessary or excessively priced change orders); or(2) Receive follow-on contracts at artificially high prices to recover losses incurred on the buy-in contract." class="agov-definition">Buying-in may decrease competition or result in poor contract performance. The <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer must take appropriate action to ensure <i data-tippy-content="Buying-in, as used in this section, means submitting an offer below anticipated costs, expecting to-(1) Increase the contract amount after award (e.g., through unnecessary or excessively priced change orders); or(2) Receive follow-on contracts at artificially high prices to recover losses incurred on the buy-in contract." class="agov-definition">buying-in losses are not recovered by the contractor through the pricing of- (1) Change orders; or (2) Follow-on contracts subject to cost analysis. (b) The Government should minimize the opportunity for <i data-tippy-content="Buying-in, as used in this section, means submitting an offer below anticipated costs, expecting to-(1) Increase the contract amount after award (e.g., through unnecessary or excessively priced change orders); or(2) Receive follow-on contracts at artificially high prices to recover losses incurred on the buy-in contract." class="agov-definition">buying-in by seeking a price commitment covering as much of the entire program concerned as is practical by using- (1) Multiyear <i data-tippy-content="Contracting means purchasing, renting, leasing, or otherwise obtaining supplies or services from nonfederal sources. Contracting includes description (but not determination) of supplies and services required, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. It does not include making grants or cooperative agreements." class="agov-definition">contracting, with a requirement in the <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitation that a price be submitted only for the total multi-year quantity; or (2) Priced <i data-tippy-content="Option means a unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract, or may elect to extend the term of the contract." class="agov-definition">options for additional quantities that, together with the firm contract quantity, equal the program requirements (see <a class="xref fm:Subpart" href="/far/part-17#FAR_Subpart_17_2">subpart 17.2</a>). (c) Other safeguards are available to the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer to preclude recovery of <i data-tippy-content="Buying-in, as used in this section, means submitting an offer below anticipated costs, expecting to-(1) Increase the contract amount after award (e.g., through unnecessary or excessively priced change orders); or(2) Receive follow-on contracts at artificially high prices to recover losses incurred on the buy-in contract." class="agov-definition">buying-in losses (e.g., amortization of nonrecurring costs (see <a class="xref fm:ParaNumOnly" href="/far/part-15#FAR_15_408">15.408</a>, <a class="xref fm:Table" href="/far/part-15#FAR_15_408__i1106753">Table 15-1</a>, paragraph A, column (2) under "Formats for Submission of <i data-tippy-content="Line item means the basic structural element in a procurement instrument that describes and organizes the required product or service for pricing, delivery, inspection, acceptance, invoicing, and payment. The use of the term "line item" includes "subline item," as applicable." class="agov-definition">Line Item Summaries") and treatment of unreasonable price quotations (see <a class="xref fm:ParaNumOnly" href="/far/part-15#FAR_15_405">15.405</a>). </div> </article></article><article class="topic concept nested2" aria-labelledby="ariaid-title44" id="FAR_3_502" data-part="section" data-part-number="3.502"><h3 class="title topictitle3" id="ariaid-title44"> 3.502 Subcontractor kickbacks.</h3> <article class="topic concept nested3" aria-labelledby="ariaid-title45" id="FAR_3_502_1" data-part="subsection" data-part-number="3.502-1"><h4 class="title topictitle4" id="ariaid-title45"> 3.502-1 Definitions.</h4> <div class="body conbody"> As used in this section— <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractor, or <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a <i data-tippy-content="Prime contract means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind." class="agov-definition">prime contract or in connection with a <i data-tippy-content="Subcontract means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract." class="agov-definition">subcontract relating to a <i data-tippy-content="Prime contract means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind." class="agov-definition">prime contract. Person means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. <i data-tippy-content="Prime contract means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind." class="agov-definition">Prime contract means a contract or contractual action entered into by the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States for the purpose of obtaining <i data-tippy-content="Supplies means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing." class="agov-definition">supplies, materials, equipment, or services of any kind. Prime Contractor means a person who has entered into a <i data-tippy-content="Prime contract means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind." class="agov-definition">prime contract with the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States. Prime Contractor employee, as used in this section, means any officer, partner, employee, or agent of a prime contractor. <i data-tippy-content="Subcontract means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract." class="agov-definition">Subcontract means a contract or contractual action entered into by a prime contractor or <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractor for the purpose of obtaining <i data-tippy-content="Supplies means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing." class="agov-definition">supplies, materials, equipment, or services of any kind under a <i data-tippy-content="Prime contract means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind." class="agov-definition">prime contract. <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">Subcontractor— (1) Means any person, other than the prime contractor, who <i data-tippy-content="Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. For unsolicited proposals, see subpart 15.6." class="agov-definition">offers to furnish or furnishes any <i data-tippy-content="Supplies means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing." class="agov-definition">supplies, materials, equipment, or services of any kind under a <i data-tippy-content="Prime contract means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind." class="agov-definition">prime contract or a <i data-tippy-content="Subcontract means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract." class="agov-definition">subcontract entered into in connection with such <i data-tippy-content="Prime contract means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind." class="agov-definition">prime contract; and (2) Includes any person who <i data-tippy-content="Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. For unsolicited proposals, see subpart 15.6." class="agov-definition">offers to furnish or furnishes general <i data-tippy-content="Supplies means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing." class="agov-definition">supplies to the prime contractor or a higher tier <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractor. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title46" id="FAR_3_502_2" data-part="subsection" data-part-number="3.502-2"><h4 class="title topictitle4" id="ariaid-title46"> 3.502-2 Subcontractor kickbacks.</h4> <div class="body conbody"> The Anti-<i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">Kickback Act of 1986 (now codified at <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter87&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">41 U.S.C. chapter 87</a>, <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">Kickbacks,) was passed to deter <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractors from making payments and contractors from accepting payments for the purpose of improperly obtaining or rewarding favorable treatment in connection with a <i data-tippy-content="Prime contract means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind." class="agov-definition">prime contract or a <i data-tippy-content="Subcontract means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract." class="agov-definition">subcontract relating to a <i data-tippy-content="Prime contract means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind." class="agov-definition">prime contract. The <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">Kickbacks statute- (a) Prohibits any person from- (1) Providing, attempting to provide, or offering to provide any <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">kickback; (2) Soliciting, accepting, or attempting to accept any <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">kickback; or (3) Including, directly or indirectly, the amount of any <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">kickback in the contract price charged by a <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractor to a prime contractor or a higher tier <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractor or in the contract price charged by a prime contractor to the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States. (b) Imposes criminal penalties on any person who knowingly and willfully engages in the prohibited conduct addressed in paragraph (a) of this section. (c) Provides for the recovery of civil penalties by the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States from any person who knowingly engages in such prohibited conduct and from any person whose employee, <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractor, or <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractor employee provides, accepts, or charges a <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">kickback. (d) Provides that- (1) The <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer may offset the amount of a <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">kickback against monies owed by the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States to the prime contractor under the <i data-tippy-content="Prime contract means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind." class="agov-definition">prime contract to which such <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">kickback relates; (2) The <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer may direct a prime contractor to withhold from any sums owed to a <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractor under a <i data-tippy-content="Subcontract means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract." class="agov-definition">subcontract of the <i data-tippy-content="Prime contract means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind." class="agov-definition">prime contract the amount of any <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">kickback which was or may be offset against the prime contractor under paragraph (d)(1) of this section; and (3) An offset under paragraph (d)(1) or a direction under paragraph (d)(2) of this section is a <i data-tippy-content="Claim means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71, Contract Disputes, until certified as required by the statute. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable time." class="agov-definition">claim by the Government for the purposes of <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter71&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">41 U.S.C. chapter 71</a>, Contract Disputes. (e) Authorizes <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officers to order that sums withheld under paragraph (d)(2) of this section be paid to the <i data-tippy-content="Contracting means purchasing, renting, leasing, or otherwise obtaining supplies or services from nonfederal sources. Contracting includes description (but not determination) of supplies and services required, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. It does not include making grants or cooperative agreements." class="agov-definition">contracting agency, or if the sum has already been offset against the prime contractor, that it be retained by the prime contractor. (f) Requires the prime contractor to notify the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer when the withholding under paragraph (d)(2) of this section has been accomplished unless the amount withheld has been paid to the Government. (g) Requires a prime contractor or <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractor to report <i data-tippy-content="In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information." class="agov-definition">in writing to the inspector general of the <i data-tippy-content="Contracting means purchasing, renting, leasing, or otherwise obtaining supplies or services from nonfederal sources. Contracting includes description (but not determination) of supplies and services required, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. It does not include making grants or cooperative agreements." class="agov-definition">contracting agency, the head of the <i data-tippy-content="Contracting means purchasing, renting, leasing, or otherwise obtaining supplies or services from nonfederal sources. Contracting includes description (but not determination) of supplies and services required, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. It does not include making grants or cooperative agreements." class="agov-definition">contracting agency if the agency does not have an inspector general, or the Attorney General any possible violation of the <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">Kickbacks statute when the prime contractor or <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractor has reasonable grounds to believe such violation may have occurred. (h) Provides that, for the purpose of ascertaining whether there has been a violation of the <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">Kickbacks statute with respect to any <i data-tippy-content="Prime contract means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind." class="agov-definition">prime contract, the Government Accountability Office and the inspector general of the <i data-tippy-content="Contracting means purchasing, renting, leasing, or otherwise obtaining supplies or services from nonfederal sources. Contracting includes description (but not determination) of supplies and services required, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. It does not include making grants or cooperative agreements." class="agov-definition">contracting agency, or a representative of such <i data-tippy-content="Contracting means purchasing, renting, leasing, or otherwise obtaining supplies or services from nonfederal sources. Contracting includes description (but not determination) of supplies and services required, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. It does not include making grants or cooperative agreements." class="agov-definition">contracting agency designated by the head of the agency if the agency does not have an inspector general, shall have access to and may inspect the facilities and audit the books and records, including any electronic data or records, of any prime contractor or <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractor under a <i data-tippy-content="Prime contract means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind." class="agov-definition">prime contract awarded by such agency. (i) Requires each <i data-tippy-content="Contracting means purchasing, renting, leasing, or otherwise obtaining supplies or services from nonfederal sources. Contracting includes description (but not determination) of supplies and services required, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. It does not include making grants or cooperative agreements." class="agov-definition">contracting agency to include in each <i data-tippy-content="Prime contract means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind." class="agov-definition">prime contract, other than for <i data-tippy-content="Commercial product means— (1) A product, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes, and–(i) Has been sold, leased, or licensed to the general public; or(ii) Has been offered for sale, lease, or license to the general public;(2) A product that evolved from a product described in paragraph (1) of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation;(3) A product that would satisfy a criterion expressed in paragraph (1) or (2) of this definition, except for-(i) Modifications of a type customarily available in the commercial marketplace; or(ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. “Minor modifications” means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor;(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) of this definition that are of a type customarily combined and sold in combination to the general public;(5) A product, or combination of products, referred to in paragraphs (1) through (4) of this definition, even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor; or(6) A nondevelopmental item, if the procuring agency determines the product was developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments." class="agov-definition">commercial products or <i data-tippy-content="Commercial service means— (1) Installation services, maintenance services, repair services, training services, and other services if–(i) Such services are procured for support of a commercial product as defined in this section, regardless of whether such services are provided by the same source or at the same time as the commercial product; and(ii) The source of such services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;(2) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions. For purposes of these services–(i)Catalog price means a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or vendor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public; and(ii)Market prices means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors; or(3) A service referred to in paragraph (1) or (2) of this definition, even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor." class="agov-definition">commercial services, exceeding $150,000, a requirement that the prime contractor shall– (1) Have in place and follow reasonable procedures designed to prevent and detect violations of the <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">Kickbacks statute in its own operations and direct business relationships (e.g., company ethics rules prohibiting <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">kickbacks by employees, agents, or <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractors; education programs for new employees and <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractors, explaining policies about <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">kickbacks, related company procedures and the consequences of detection; procurement procedures to minimize the opportunity for <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">kickbacks; audit procedures designed to detect <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">kickbacks; periodic surveys of <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractors to elicit information about <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">kickbacks; procedures to report <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">kickbacks to law enforcement officials; annual declarations by employees of gifts or gratuities received from <i data-tippy-content="Subcontractor—(1) Means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and(2) Includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor." class="agov-definition">subcontractors; annual employee declarations that they have violated no company ethics rules; personnel practices that document unethical or illegal behavior and make such information available to prospective employers); and (2) Cooperate fully with any <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency investigating a possible violation of the <i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">Kickbacks statute. (j) Notwithstanding paragraph (i) of this section, a prime contractor shall cooperate fully with any Federal Government agency investigating a violation of <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8702&num=0&edition=prelim" target="_blank">41 U.S.C. 8702</a> (see <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8703(b)&num=0&edition=prelim" target="_blank">41 U.S.C. 8703(b)</a>). </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title47" id="FAR_3_502_3" data-part="subsection" data-part-number="3.502-3"><h4 class="title topictitle4" id="ariaid-title47"> 3.502-3 Contract clause.</h4> <div class="body conbody"> The <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall insert the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_7">52.203-7</a>, Anti-<i data-tippy-content="Kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract." class="agov-definition">Kickback Procedures, in <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations and contracts exceeding $150,000, other than those for <i data-tippy-content="Commercial product means— (1) A product, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes, and–(i) Has been sold, leased, or licensed to the general public; or(ii) Has been offered for sale, lease, or license to the general public;(2) A product that evolved from a product described in paragraph (1) of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation;(3) A product that would satisfy a criterion expressed in paragraph (1) or (2) of this definition, except for-(i) Modifications of a type customarily available in the commercial marketplace; or(ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. “Minor modifications” means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor;(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) of this definition that are of a type customarily combined and sold in combination to the general public;(5) A product, or combination of products, referred to in paragraphs (1) through (4) of this definition, even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor; or(6) A nondevelopmental item, if the procuring agency determines the product was developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments." class="agov-definition">commercial products or <i data-tippy-content="Commercial service means— (1) Installation services, maintenance services, repair services, training services, and other services if–(i) Such services are procured for support of a commercial product as defined in this section, regardless of whether such services are provided by the same source or at the same time as the commercial product; and(ii) The source of such services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;(2) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions. For purposes of these services–(i)Catalog price means a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or vendor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public; and(ii)Market prices means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors; or(3) A service referred to in paragraph (1) or (2) of this definition, even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor." class="agov-definition">commercial services (see <a class="xref fm:Part" href="/far/part-12#FAR_Part_12">part 12</a>). </div> </article></article><article class="topic concept nested2" aria-labelledby="ariaid-title48" id="FAR_3_503" data-part="section" data-part-number="3.503"><h3 class="title topictitle3" id="ariaid-title48"> 3.503 Unreasonable restrictions on subcontractor sales.</h3> <article class="topic concept nested3" aria-labelledby="ariaid-title49" id="FAR_3_503_1" data-part="subsection" data-part-number="3.503-1"><h4 class="title topictitle4" id="ariaid-title49"> 3.503-1 Policy.</h4> <div class="body conbody"> <a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim" target="_blank">10 U.S.C. 4655</a> and <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4704&num=0&edition=prelim" target="_blank">41 U.S.C. 4704</a> require that subcontractors not be unreasonably precluded from making direct sales to the Government of any <i data-tippy-content="Supplies means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing." class="agov-definition">supplies or services made or furnished under a contract. However, this does not preclude contractors from asserting rights that are otherwise authorized by law or regulation. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title50" id="FAR_3_503_2" data-part="subsection" data-part-number="3.503-2"><h4 class="title topictitle4" id="ariaid-title50"> 3.503-2 Contract clause.</h4> <div class="body conbody"> The <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall insert the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_6">52.203-6</a>, Restrictions on Subcontractor Sales to the Government, in <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations and contracts exceeding the <i data-tippy-content="Simplified acquisition threshold means $250,000, except for—(1) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq.; or to support response to an emergency or major disaster (42 U.S.C. 5122), (41 U.S.C. 1903), the term means–(i) $800,000 for any contract to be awarded and performed, or purchase to be made, inside the United States; and(ii) $1.5 million for any contract to be awarded and performed, or purchase to be made, outside the United States; and(2) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a humanitarian or peacekeeping operation (10 U.S.C. 3015), the term means $500,000 for any contract to be awarded and performed, or purchase to be made, outside the United States." class="agov-definition">simplified acquisition threshold. For the <i data-tippy-content="Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract." class="agov-definition">acquisition of <i data-tippy-content="Commercial product means— (1) A product, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes, and–(i) Has been sold, leased, or licensed to the general public; or(ii) Has been offered for sale, lease, or license to the general public;(2) A product that evolved from a product described in paragraph (1) of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation;(3) A product that would satisfy a criterion expressed in paragraph (1) or (2) of this definition, except for-(i) Modifications of a type customarily available in the commercial marketplace; or(ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. “Minor modifications” means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor;(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) of this definition that are of a type customarily combined and sold in combination to the general public;(5) A product, or combination of products, referred to in paragraphs (1) through (4) of this definition, even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor; or(6) A nondevelopmental item, if the procuring agency determines the product was developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments." class="agov-definition">commercial products or <i data-tippy-content="Commercial service means— (1) Installation services, maintenance services, repair services, training services, and other services if–(i) Such services are procured for support of a commercial product as defined in this section, regardless of whether such services are provided by the same source or at the same time as the commercial product; and(ii) The source of such services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;(2) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions. For purposes of these services–(i)Catalog price means a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or vendor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public; and(ii)Market prices means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors; or(3) A service referred to in paragraph (1) or (2) of this definition, even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor." class="agov-definition">commercial services, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall use the clause with its <i data-tippy-content="Alternate means a substantive variation of a basic provision or clause prescribed for use in a defined circumstance. It adds wording to, deletes wording from, or substitutes specified wording for a portion of the basic provision or clause. The alternate version of a provision or clause is the basic provision or clause as changed by the addition, deletion, or substitution (see 52.105(a))." class="agov-definition">Alternate I. </div> </article></article></article><article class="topic nested1" aria-labelledby="ariaid-title51" id="FAR_Subpart_3_6" data-part="subpart" data-part-number="3.6"><h2 class="title topictitle2 Subpart" id="ariaid-title51"> Subpart 3.6 - Contracts with Government Employees or Organizations Owned or Controlled by Them</h2> <article class="topic concept nested2" aria-labelledby="ariaid-title52" id="FAR_3_601" data-part="section" data-part-number="3.601"><h3 class="title topictitle3" id="ariaid-title52"> 3.601 Policy.</h3> <div class="body conbody"> (a) Except as specified in <a class="xref fm:ParaNumOnly" href="#FAR_3_602">3.602</a>, a <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall not knowingly award a contract to a Government employee or to a business concern or other organization owned or substantially owned or controlled by one or more Government employees. This policy is intended to avoid any conflict of interest that might arise between the employees’ interests and their Government duties, and to avoid the appearance of favoritism or preferential treatment by the Government toward its employees. (b) For purposes of this subpart, special Government employees (as defined in <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section202&num=0&edition=prelim" target="_blank">18 U.S.C. 202</a>) performing services as experts, advisors, or consultants, or as members of advisory committees, are not considered Government employees unless- (1) The contract arises directly out of the individual’s activity as a special Government employee; (2) In the individual’s capacity as a special Government employee, the individual is in a position to influence the award of the contract; or (3) Another conflict of interest is determined to exist. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title53" id="FAR_3_602" data-part="section" data-part-number="3.602"><h3 class="title topictitle3" id="ariaid-title53"> 3.602 Exceptions.</h3> <div class="body conbody"> The <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head, or a designee not below the level of the head of the contracting activity, may authorize an exception to the policy in <a class="xref fm:ParaNumOnly" href="#FAR_3_601">3.601</a> only if there is a most compelling reason to do so, such as when the Government’s needs cannot reasonably be otherwise met. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title54" id="FAR_3_603" data-part="section" data-part-number="3.603"><h3 class="title topictitle3" id="ariaid-title54"> 3.603 Responsibilities of the contracting officer.</h3> <div class="body conbody"> (a) Before awarding a contract, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall obtain an authorization under <a class="xref fm:ParaNumOnly" href="#FAR_3_602">3.602</a> if- (1) The <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer knows, or has reason to believe, that a prospective contractor is one to which award is otherwise prohibited under <a class="xref fm:ParaNumOnly" href="#FAR_3_601">3.601</a>; and (2) There is a most compelling reason to make an award to that prospective contractor. (b) The <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall comply with the requirements and guidance in <a class="xref fm:Subpart" href="/far/part-9#FAR_Subpart_9_5">subpart 9.5</a> before awarding a contract to an organization owned or substantially owned or controlled by Government employees. </div> </article></article><article class="topic nested1" aria-labelledby="ariaid-title55" id="FAR_Subpart_3_7" data-part="subpart" data-part-number="3.7"><h2 class="title topictitle2 Subpart" id="ariaid-title55"> Subpart 3.7 - Voiding and Rescinding Contracts</h2> <article class="topic nested2" aria-labelledby="ariaid-title56" id="FAR_3_700" data-part="section" data-part-number="3.700"><h3 class="title topictitle3" id="ariaid-title56"> 3.700 Scope of subpart.</h3> <div class="body"> (a) This subpart prescribes Governmentwide policies and procedures for exercising discretionary authority to declare void and rescind contracts in relation to which- (1) There has been a final conviction for bribery, conflict of interest, disclosure or receipt of contractor bid or proposal information or <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information in exchange for a thing of value or to give anyone a competitive advantage in the award of a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency procurement contract, or similar misconduct; or (2) There has been an <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head determination that contractor bid or proposal information or <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information has been disclosed or received in exchange for a thing of value, or for the purpose of obtaining or giving anyone a competitive advantage in the award of a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency procurement contract. (b) This subpart does not prescribe policies or procedures for, or govern the exercise of, any other remedy available to the Government with respect to such contracts, including but not limited to, the common law right of avoidance, rescission, or cancellation. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title57" id="FAR_3_701" data-part="section" data-part-number="3.701"><h3 class="title topictitle3" id="ariaid-title57"> 3.701 Purpose.</h3> <div class="body conbody"> This subpart provides- (a) An administrative remedy with respect to contracts in relation to which there has been- (1) A final conviction for bribery, conflict of interest, disclosure or receipt of contractor bid or proposal information or <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information in exchange for a thing of value or to give anyone a competitive advantage in the award of a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency procurement contract, or similar misconduct; or (2) An <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head determination that contractor bid or proposal information or <i data-tippy-content="Source selection information means any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly:(1) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening.(2) Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices.(3) Source selection plans.(4) Technical evaluation plans.(5) Technical evaluations of proposals.(6) Cost or price evaluations of proposals.(7) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.(8) Rankings of bids, proposals, or competitors.(9) Reports and evaluations of source selection panels, boards, or advisory councils.(10) Other information marked as "Source Selection Information-See FAR 2.101 and 3.104" based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates." class="agov-definition">source selection information has been disclosed or received in exchange for a thing of value, or for the purpose of obtaining or giving anyone a competitive advantage in the award of a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency procurement contract; and (b) A means to deter similar misconduct in the future by those who are involved in the award, performance, and administration of Government contracts. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title58" id="FAR_3_702" data-part="section" data-part-number="3.702"><h3 class="title topictitle3" id="ariaid-title58"> 3.702 Definition.</h3> <div class="body conbody"> Final conviction means a <i data-tippy-content="Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. For use in subpart 26.5, see the definition at 26.503. " class="agov-definition">conviction, whether entered on a verdict or plea, including a plea of nolo contendere, for which a sentence has been imposed. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title59" id="FAR_3_703" data-part="section" data-part-number="3.703"><h3 class="title topictitle3" id="ariaid-title59"> 3.703 Authority.</h3> <div class="body conbody"> (a) Section 1(e) of Public Law 87-849, <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section218&num=0&edition=prelim" target="_blank">18 U.S.C.218</a> ("the Act"), empowers the President or the heads of <i data-tippy-content="Executive agency means an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C.101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101." class="agov-definition">executive agencies acting under regulations prescribed by the President, to declare void and rescind contracts and other transactions enumerated in the Act, in relation to which there has been a final conviction for bribery, conflict of interest, or any other violation of Chapter 11 of Title 18 of the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States Code (<a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section201&num=0&edition=prelim" target="_blank">18 U.S.C. 201</a>-<a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section224&num=0&edition=prelim" target="_blank">224</a>). Executive Order 12448, November 4,1983, delegates the President’s authority under the Act to the heads of the <i data-tippy-content="Executive agency means an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C.101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101." class="agov-definition">executive agencies and military departments. (b) <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2105(c)&num=0&edition=prelim" target="_blank">41 U.S.C. 2105(c)</a> requires a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency, upon receiving information that a contractor or a person has violated <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2102&num=0&edition=prelim" target="_blank">41 U.S.C. 2102</a>, to consider rescission of a contract with respect to which- (1) The contractor or someone acting for the contractor has been convicted for an offense punishable under <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2105(a)&num=0&edition=prelim" target="_blank">41 U.S.C. 2105(a)</a>; or (2) The head of the agency, or designee, has determined, based upon a <i data-tippy-content="Preponderance of the evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not." class="agov-definition">preponderance of the evidence, that the contractor or someone acting for the contractor has engaged in conduct constituting such an offense. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title60" id="FAR_3_704" data-part="section" data-part-number="3.704"><h3 class="title topictitle3" id="ariaid-title60"> 3.704 Policy.</h3> <div class="body conbody"> (a) In cases in which there is a final conviction for any violation of <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section201&num=0&edition=prelim" target="_blank">18 U.S.C. 201</a>-<a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section224&num=0&edition=prelim" target="_blank">224</a> involving or relating to contracts awarded by an agency, the <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head or designee, shall consider the facts available and, if appropriate, may declare void and rescind contracts, and recover the amounts expended and property transferred by the agency in accordance with the policies and procedures of this subpart. (b) Since a final conviction under <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section201&num=0&edition=prelim" target="_blank">18 U.S.C. 201</a>-<a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section224&num=0&edition=prelim" target="_blank">224</a> relating to a contract also may justify the conclusion that the party involved is not presently responsible, the agency should consider initiating <i data-tippy-content="Debarment means action taken by a debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a contractor that is excluded is "debarred."" class="agov-definition">debarment proceedings in accordance with <a class="xref fm:Subpart" href="/far/part-9#FAR_Subpart_9_4">subpart 9.4</a>, <i data-tippy-content="Debarment means action taken by a debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a contractor that is excluded is "debarred."" class="agov-definition">Debarment, <i data-tippy-content="Suspension means action taken by a suspending official under 9.407 to disqualify a contractor temporarily from Government contracting and Government-approved subcontracting; a contractor that is disqualified is "suspended."" class="agov-definition">Suspension, and Ineligibility, if <i data-tippy-content="Debarment means action taken by a debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a contractor that is excluded is "debarred."" class="agov-definition">debarment has not been initiated, or is not in effect at the time the final conviction is entered. (c) If there is a final conviction for an offense punishable under <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2105&num=0&edition=prelim" target="_blank">41 U.S.C. 2105</a>, or if the head of the agency, or designee, has determined, based upon a <i data-tippy-content="Preponderance of the evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not." class="agov-definition">preponderance of the evidence, that the contractor or someone acting for the contractor has engaged in conduct constituting such an offense, then the head of the contracting activity shall consider, in addition to any other penalty prescribed by law or regulation- (1) Declaring void and rescinding contracts, as appropriate, and recovering the amounts expended under the contracts by using the procedures at <a class="xref fm:ParaNumOnly" href="#FAR_3_705">3.705</a> (see <a class="xref fm:ParaNumOnly" href="#FAR_3_104_7">3.104-7</a>); and (2) Recommending the initiation of <i data-tippy-content="Suspension means action taken by a suspending official under 9.407 to disqualify a contractor temporarily from Government contracting and Government-approved subcontracting; a contractor that is disqualified is "suspended."" class="agov-definition">suspension or <i data-tippy-content="Debarment means action taken by a debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a contractor that is excluded is "debarred."" class="agov-definition">debarment proceedings in accordance with <a class="xref fm:Subpart" href="/far/part-9#FAR_Subpart_9_4">subpart 9.4</a>. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title61" id="FAR_3_705" data-part="section" data-part-number="3.705"><h3 class="title topictitle3" id="ariaid-title61"> 3.705 Procedures.</h3> <div class="body conbody"> (a) Reporting. The facts concerning any final conviction for any violation of <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section201&num=0&edition=prelim" target="_blank">18 U.S.C. 201</a>-<a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section224&num=0&edition=prelim" target="_blank">224</a> involving or relating to agency contracts shall be reported promptly to the <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head or designee for that official’s consideration. The <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head or designee shall promptly notify the Civil Division, Department of Justice, that the action is being considered under this subpart. (b) Decision. Following an assessment of the facts, the <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head or designee may declare void and rescind contracts with respect to which a final conviction has been entered, and recover the amounts expended and the property transferred by the agency under the terms of the contracts involved. (c) Decision-making process. Agency procedures governing the voiding and rescinding decision-making process shall be as informal as practicable, consistent with the principles of fundamental fairness. As a minimum, however, agencies shall provide the following: (1) A notice of proposed action to declare void and rescind the contract shall be made <i data-tippy-content="In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information." class="agov-definition">in writing and sent by certified mail, return receipt requested. (2) A thirty calendar day period after receipt of the notice, for the contractor to submit pertinent information before any final decision is made. (3) Upon request made within the period for submission of pertinent information, an opportunity shall be afforded for a hearing at which witnesses may be presented, and any witness the agency presents may be confronted. However, no inquiry shall be made regarding the validity of a <i data-tippy-content="Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. For use in subpart 26.5, see the definition at 26.503. " class="agov-definition">conviction. (4) If the <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head or designee decides to declare void and rescind the contracts involved, that official shall issue a written decision which- (i) States that determination; (ii) Reflects consideration of the fair value of any tangible benefits received and retained by the agency; and (iii) States the amount due and the property to be returned to the agency. (d) Notice of proposed action. The notice of proposed action, as a minimum shall- (1) Advise that consideration is being given to declaring void and rescinding contracts awarded by the agency, and recovering the amounts expended and property transferred therefor, under the provisions of <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section218&num=0&edition=prelim" target="_blank">18 U.S.C. 218</a>; (2) Specifically identify the contracts affected by the action; (3) Specifically identify the offense or final conviction on which the action is based; (4) State the amounts expended and property transferred under each of the contracts involved, and the money and the property demanded to be returned; (5) Identify any tangible benefits received and retained by the agency under the contract, and the value of those benefits, as calculated by the agency; (6) Advise that pertinent information may be submitted within 30 calendar days after receipt of the notice, and that, if requested within that time, a hearing shall be held at which witnesses may be presented and any witness the agency presents may be confronted; and (7) Advise that action shall be taken only after the <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head or designee issues a final written decision on the proposed action. (e) Final agency decision. The final agency decision shall be based on the information available to the <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head or designee, including any pertinent information submitted or, if a hearing was held, presented at the hearing. If the agency decision declares void and rescinds the contract, the final decision shall specify the amounts due and property to be returned to the agency, and reflect consideration of the fair value of any tangible benefits received and retained by the agency. Notice of the decision shall be sent promptly by certified mail, return receipt requested. Rescission of contracts under the authority of the Act and demand for recovery of the amounts expended and property transferred therefor, is not a <i data-tippy-content="Claim means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71, Contract Disputes, until certified as required by the statute. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable time." class="agov-definition">claim within the meaning of <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter71&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">41 U.S.C. chapter 71</a>, Contract Disputes, or <a class="xref fm:Part" href="/far/part-33#FAR_Part_33">part 33</a>. Therefore, the procedures required by the statute and the FAR for the issuance of a final <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer decision are not applicable to final agency decisions under this subpart, and shall not be followed. </div> </article></article><article class="topic nested1" aria-labelledby="ariaid-title62" id="FAR_Subpart_3_8" data-part="subpart" data-part-number="3.8"><h2 class="title topictitle2 Subpart" id="ariaid-title62"> Subpart 3.8 - Limitations on the Payment of Funds to Influence Federal Transactions</h2> <article class="topic nested2" aria-labelledby="ariaid-title63" id="FAR_3_800" data-part="section" data-part-number="3.800"><h3 class="title topictitle3" id="ariaid-title63"> 3.800 Scope of subpart.</h3> <div class="body"> This subpart prescribes policies and procedures implementing <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1352&num=0&edition=prelim" target="_blank">31 U.S.C. 1352</a>, "Limitation on use of appropriated funds to influence certain Federal <i data-tippy-content="Contracting means purchasing, renting, leasing, or otherwise obtaining supplies or services from nonfederal sources. Contracting includes description (but not determination) of supplies and services required, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. It does not include making grants or cooperative agreements." class="agov-definition">contracting and financial transactions." </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title64" id="FAR_3_801" data-part="section" data-part-number="3.801"><h3 class="title topictitle3" id="ariaid-title64"> 3.801 Definitions.</h3> <div class="body conbody"> As used in this subpart- Agency means "<i data-tippy-content="Executive agency means an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C.101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101." class="agov-definition">executive agency" as defined in <a class="xref fm:ParaNumOnly" href="/far/part-2#FAR_2_101">2.101</a>. <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">Covered Federal action means any of the following actions: (1) Awarding any Federal contract. (2) Making any Federal grant. (3) Making any Federal loan. (4) Entering into any cooperative agreement. (5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement. <i data-tippy-content="Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives." class="agov-definition">Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (<a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450b&num=0&edition=prelim" target="_blank">25 U.S.C. 450b</a>) and include Alaskan Natives. <i data-tippy-content="Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action." class="agov-definition">Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">covered Federal action. <i data-tippy-content="Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government." class="agov-definition">Local government means a unit of government in a <i data-tippy-content="State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">State and, if chartered, established, or otherwise recognized by a <i data-tippy-content="State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a <i data-tippy-content="Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government." class="agov-definition">local government. <i data-tippy-content="Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">Officer or employee of an agency includes the following individuals who are employed by an agency: (1) An individual who is appointed to a position in the Government under Title 5, <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States Code, including a position under a temporary appointment. (2) A member of the uniformed services, as defined in subsection 101(3), Title 37, <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States Code. (3) A special Government employee, as defined in section 202, Title 18, <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States Code. (4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States Code, appendix 2. <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">Person means an individual, corporation, company, association, authority, firm, partnership, society, <i data-tippy-content="State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">State, and <i data-tippy-content="Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government." class="agov-definition">local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an <i data-tippy-content="Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives." class="agov-definition">Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph <a class="xref fm:ParaNumOnly" href="#FAR_3_802">3.802</a>(a) and are permitted by other Federal law. <i data-tippy-content="Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government." class="agov-definition">Reasonable compensation means, with respect to a <i data-tippy-content="Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days." class="agov-definition">regularly employed officer or employee of any <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government. <i data-tippy-content="Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector." class="agov-definition">Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector. <i data-tippy-content="Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">Recipient includes the contractor and all subcontractors. This term excludes an <i data-tippy-content="Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives." class="agov-definition">Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph <a class="xref fm:ParaNumOnly" href="#FAR_3_802">3.802</a>(a) and are permitted by other Federal law. <i data-tippy-content="Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days." class="agov-definition">Regularly employed means, with respect to an officer or employee of a <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person requesting or receiving a Federal contract, an officer or employee who is employed by such <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person for receipt of such contract. An officer or employee who is employed by such <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person shall be considered to be <i data-tippy-content="Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days." class="agov-definition">regularly employed as soon as he or she is employed by such <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person for 130 working days. <i data-tippy-content="State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">State means a <i data-tippy-content="State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">State of the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States, the District of Columbia, an outlying area of the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States, an agency or instrumentality of a <i data-tippy-content="State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">State, and multi-<i data-tippy-content="State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">State, regional, or interstate entity having governmental duties and powers. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title65" id="FAR_3_802" data-part="section" data-part-number="3.802"><h3 class="title topictitle3" id="ariaid-title65"> 3.802 Statutory prohibition and requirement.</h3> <div class="body conbody"> (a) <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1352&num=0&edition=prelim" target="_blank">31 U.S.C.1352</a> prohibits a <i data-tippy-content="Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person for <i data-tippy-content="Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action." class="agov-definition">influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">covered Federal actions. (1) For purposes of this subpart the term "appropriated funds" does not include profit or fee from a <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">covered Federal action. (2) To the extent a <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person can demonstrate that the <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person has sufficient monies, other than Federal appropriated funds, the Government shall assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds. (b) <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1352&num=0&edition=prelim" target="_blank">31 U.S.C.1352</a> also requires offerors to furnish a declaration consisting of both a certification and a disclosure, with periodic updates of the disclosure after contract award. These requirements are contained in the provision at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_11">52.203-11</a>, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_12">52.203-12</a>, Limitation on Payments to Influence Certain Federal Transactions. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title66" id="FAR_3_803" data-part="section" data-part-number="3.803"><h3 class="title topictitle3" id="ariaid-title66"> 3.803 Exceptions.</h3> <div class="body conbody"> (a) The prohibition of paragraph <a class="xref fm:ParaNumOnly" href="#FAR_3_802">3.802</a>(a) does not apply under the following conditions: (1) Agency and legislative liaison by own employees. (i) Payment of <i data-tippy-content="Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government." class="agov-definition">reasonable compensation made to an officer or employee of a <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person requesting or receiving a <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">covered Federal action if the payment is for agency and legislative liaison activities not directly related to a <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">covered Federal action. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time. (ii) Participating with an agency in discussions that are not related to a specific <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitation for any <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">covered Federal action, but that concern- (A) The qualities and characteristics (including individual demonstrations) of the <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person’s products or services, conditions or terms of sale, and service capabilities; or (B) The application or adaptation of the <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person’s products or services for an agency’s use. (iii) Providing prior to formal <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitation of any <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">covered Federal action. (iv) Participating in technical discussions regarding the preparation of an <i data-tippy-content="Unsolicited proposal means a written proposal for a new or innovative idea that is submitted to an agency on the initiative of the offeror for the purpose of obtaining a contract with the Government, and that is not in response to a request for proposals, Broad Agency Announcement, Small Business Innovation Research topic, Small Business Technology Transfer Research topic, Program Research and Development Announcement, or any other Government-initiated solicitation or program." class="agov-definition">unsolicited proposal prior to its official submission. (v) Making capability presentations prior to formal <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitation of any <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">covered Federal action when seeking an award from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments. (2) Professional and technical services. (i) Payment of <i data-tippy-content="Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government." class="agov-definition">reasonable compensation made to an officer or employee of a <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person requesting or receiving a <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action; (ii) Any <i data-tippy-content="Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector." class="agov-definition">reasonable payment to a <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person, other than an officer or employee of a <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person requesting or receiving a <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">covered Federal action, if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action, or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">Persons other than officers or employees of a <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person requesting or receiving a <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">covered Federal action include consultants and trade associations. (iii) As used in paragraph (a)(2) of this section "professional and technical services" are limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional or a technical <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client’s proposal, but generally advocate one proposal over another, are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">covered Federal action. (iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents. (b) Only those communications and services expressly authorized by paragraph (a) of this section are permitted. (c) The disclosure requirements of paragraph <a class="xref fm:ParaNumOnly" href="#FAR_3_802">3.802</a>(b) do not apply with respect to payments of <i data-tippy-content="Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government." class="agov-definition">reasonable compensation made to <i data-tippy-content="Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days." class="agov-definition">regularly employed officers or employees of a <i data-tippy-content="Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law." class="agov-definition">person. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title67" id="FAR_3_804" data-part="section" data-part-number="3.804"><h3 class="title topictitle3" id="ariaid-title67"> 3.804 Policy.</h3> <div class="body conbody"> The <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall obtain certifications and disclosures as required by the provision at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_11">52.203-11</a>, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, prior to the award of any contract exceeding $150,000. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title68" id="FAR_3_805" data-part="section" data-part-number="3.805"><h3 class="title topictitle3" id="ariaid-title68"> 3.805 Exemption.</h3> <div class="body conbody"> The Secretary of Defense may exempt, on a case-by-case basis, a <i data-tippy-content="Covered Federal action means any of the following actions:(1) Awarding any Federal contract.(2) Making any Federal grant.(3) Making any Federal loan.(4) Entering into any cooperative agreement.(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.Officer or employee of an agency includes the following individuals who are employed by an agency:(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.(3) A special Government employee, as defined in section 202, Title 18, United States Code.(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802(a) and are permitted by other Federal law.Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers." class="agov-definition">covered Federal action from the prohibitions of this subpart whenever the Secretary determines, <i data-tippy-content="In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information." class="agov-definition">in writing, that such an exemption is in the national interest. The Secretary shall transmit a copy of the exemption to Congress immediately after making the determination. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title69" id="FAR_3_806" data-part="section" data-part-number="3.806"><h3 class="title topictitle3" id="ariaid-title69"> 3.806 Processing suspected violations.</h3> <div class="body conbody"> The <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall report suspected violations of the requirements of <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1352&num=0&edition=prelim" target="_blank">31 U.S.C.1352</a> in accordance with agency procedures. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title70" id="FAR_3_807" data-part="section" data-part-number="3.807"><h3 class="title topictitle3" id="ariaid-title70"> 3.807 Civil penalties.</h3> <div class="body conbody"> Agencies shall impose and collect civil penalties pursuant to the provisions of the Program Fraud and Civil Remedies Act,<a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803&num=0&edition=prelim" target="_blank">31 U.S.C.3803</a> (except subsection(c)), 3804-3808, and 3812, insofar as the provisions therein are not inconsistent with the requirements of this subpart. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title71" id="FAR_3_808" data-part="section" data-part-number="3.808"><h3 class="title topictitle3" id="ariaid-title71"> 3.808 Solicitation provision and contract clause.</h3> <div class="body conbody"> (a) Insert the provision at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_11">52.203-11</a>, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, in <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations expected to exceed $150,000. (b) Insert the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_12">52.203-12</a>, Limitation on Payments to Influence Certain Federal Transactions, in <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations and contracts expected to exceed $150,000. </div> </article></article><article class="topic nested1" aria-labelledby="ariaid-title72" id="FAR_Subpart_3_9" data-part="subpart" data-part-number="3.9"><h2 class="title topictitle2 Subpart" id="ariaid-title72"> Subpart 3.9 - Whistleblower Protections for Contractor Employees</h2> <article class="topic nested2" aria-labelledby="ariaid-title73" id="FAR_3_900" data-part="section" data-part-number="3.900"><h3 class="title topictitle3" id="ariaid-title73"> 3.900 Scope of subpart.</h3> <div class="body"> This subpart implements various statutory whistleblower programs. This subpart does not implement <a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4701&num=0&edition=prelim" target="_blank">10 U.S.C. 4701</a>, which is applicable only to DoD, NASA, and the Coast Guard. (a) <a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim" target="_blank">41 U.S.C. 4712</a> is implemented in 3.900 through <a class="xref fm:ParaNumOnly" href="#FAR_3_906">3.906</a>. These sections do not apply to— (1) DoD, NASA, and the Coast Guard; or (2) Any element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (<a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim" target="_blank">50 U.S.C. 3003(4)</a>). Sections 3.900 through <a class="xref fm:ParaNumOnly" href="#FAR_3_906">3.906</a> do not apply to any disclosure made by an employee of a contractor or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor of an element of the intelligence community if such disclosure— (i) Relates to an activity of an element of the intelligence community; or (ii) Was discovered during contract or <i data-tippy-content="Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders." class="agov-definition">subcontract services provided to an element of the intelligence community. (b) Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (<a class="xref" href="https://www.govinfo.gov/link/plaw/113/public/235" target="_blank">Pub. L. 113–235</a>) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), is implemented in <a class="xref fm:ParaNumOnly" href="#FAR_3_909">3.909</a>, which is applicable to all agencies. (c) Section <a class="xref fm:ParaNumOnly" href="#FAR_3_907">3.907</a> of this subpart implements section 1553 of the American Recovery and Reinvestment Act of 2009 (<a class="xref" href="https://www.govinfo.gov/link/plaw/111/public/5" target="_blank">Pub. L. 111–5</a>), and applies to all contracts funded in whole or in part by that Act. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title74" id="FAR_3_901" data-part="section" data-part-number="3.901"><h3 class="title topictitle3" id="ariaid-title74"> 3.901 Definitions.</h3> <div class="body conbody"> As used in this subpart- Abuse of authority means an arbitrary and capricious exercise of authority that is inconsistent with the mission of the <i data-tippy-content="Executive agency means an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C.101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101." class="agov-definition">executive agency concerned or the successful performance of a contract of such agency. Authorized official of the Department of Justice means any person responsible for the investigation, enforcement, or prosecution of any law or regulation. <i data-tippy-content="Inspector General means an Inspector General appointed under chapter 4 of title 5 of the United States Code and any Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the executive agency concerned. This definition does not apply to 3.907. " class="agov-definition">Inspector General means an <i data-tippy-content="Inspector General means an Inspector General appointed under chapter 4 of title 5 of the United States Code and any Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the executive agency concerned. This definition does not apply to 3.907. " class="agov-definition">Inspector General appointed under chapter 4 of title 5 of the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States Code and any <i data-tippy-content="Inspector General means an Inspector General appointed under chapter 4 of title 5 of the United States Code and any Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the executive agency concerned. This definition does not apply to 3.907. " class="agov-definition">Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the <i data-tippy-content="Executive agency means an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C.101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101." class="agov-definition">executive agency concerned. This definition does not apply to 3.907. <i data-tippy-content="Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency." class="agov-definition">Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractors sign at the behest of a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency. <i data-tippy-content="Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders." class="agov-definition">Subcontract means any contract as defined in <a class="xref fm:Subpart" href="/far/part-2#FAR_Subpart_2_1">subpart 2.1</a> entered into by a <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor to furnish <i data-tippy-content="Supplies means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing." class="agov-definition">supplies or services for performance of a prime contract or a <i data-tippy-content="Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders." class="agov-definition">subcontract. It includes but is not limited to <i data-tippy-content="Purchase order, when issued by the Government, means an offer by the Government to buy supplies or services, including construction and research and development, upon specified terms and conditions, using simplified acquisition procedures." class="agov-definition">purchase orders, and changes and modifications to <i data-tippy-content="Purchase order, when issued by the Government, means an offer by the Government to buy supplies or services, including construction and research and development, upon specified terms and conditions, using simplified acquisition procedures." class="agov-definition">purchase orders. <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes <i data-tippy-content="Supplies means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing." class="agov-definition">supplies or services to or for a prime contractor or another <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title75" id="FAR_3_902" data-part="section" data-part-number="3.902"><h3 class="title topictitle3" id="ariaid-title75"> 3.902 Classified information. </h3> <div class="body conbody"> <a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim" target="_blank">41 U.S.C. 4712</a> does not provide any right to disclose <i data-tippy-content="Classified information means any knowledge that can be communicated or any documentary material, regardless of its physical form or characteristics, that—(1)(i) Is owned by, is produced by or for, or is under the control of the United States Government; or(ii) Has been classified by the Department of Energy as privately generated restricted data following the procedures in 10 CFR 1045.21; and(2) Must be protected against unauthorized disclosure according to Executive Order12958, Classified National Security Information, April 7,1995, or classified in accordance with the Atomic Energy Act of 1954." class="agov-definition">classified information not otherwise provided by law. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title76" id="FAR_3_903" data-part="section" data-part-number="3.903"><h3 class="title topictitle3" id="ariaid-title76"> 3.903 Policy. </h3> <div class="body conbody"> (a) (1) Contractors and <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractors are prohibited from discharging, demoting, or otherwise discriminating against an employee as a reprisal for disclosing, to any of the entities listed at paragraph (b) of this section, information that the employee reasonably believes is— (i) Evidence of gross mismanagement of a Federal contract; (ii) A gross waste of Federal funds; (iii) An abuse of authority relating to a Federal contract; (iv) A substantial and specific danger to public health or safety; or (v) A violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract). (2) A reprisal is prohibited even if it is undertaken at the request of an executive branch official, unless the request takes the form of a non-discretionary directive and is within the authority of the executive branch official making the request. (b) Disclosure may be made to the following entities: (1) A Member of Congress or a representative of a committee of Congress. (2) An <i data-tippy-content="Inspector General means an Inspector General appointed under chapter 4 of title 5 of the United States Code and any Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the executive agency concerned. This definition does not apply to 3.907. " class="agov-definition">Inspector General. (3) The Government Accountability Office. (4) A Federal employee responsible for contract oversight or management at the relevant agency. (5) An authorized official of the Department of Justice or other law enforcement agency. (6) A court or grand jury. (7) A management official or other employee of the contractor or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor who has the responsibility to investigate, discover, or address misconduct. (c) An employee who initiates or provides evidence of contractor or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor misconduct in any judicial or administrative proceeding relating to waste, fraud, or abuse on a Federal contract shall be deemed to have made a disclosure. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title77" id="FAR_3_904" data-part="section" data-part-number="3.904"><h3 class="title topictitle3" id="ariaid-title77"> 3.904 Complaints.</h3> <div class="body conbody"></div> <article class="topic concept nested3" aria-labelledby="ariaid-title78" id="FAR_3_904_1" data-part="subsection" data-part-number="3.904-1"><h4 class="title topictitle4" id="ariaid-title78"> 3.904-1 Procedures for filing complaints. </h4> <div class="body conbody"> A contractor or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor employee who believes that he or she has been discharged, demoted, or otherwise discriminated against contrary to the policy in <a class="xref fm:ParaNumOnly" href="#FAR_3_903">3.903</a> may submit a complaint with the <i data-tippy-content="Inspector General means an Inspector General appointed under chapter 4 of title 5 of the United States Code and any Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the executive agency concerned. This definition does not apply to 3.907. " class="agov-definition">Inspector General of the agency concerned. Procedures for submitting fraud, waste, abuse, and whistleblower complaints are generally accessible on agency Office of <i data-tippy-content="Inspector General means an Inspector General appointed under chapter 4 of title 5 of the United States Code and any Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the executive agency concerned. This definition does not apply to 3.907. " class="agov-definition">Inspector General hotline or whistleblower internet sites or the complainant may directly contact the cognizant Office of the <i data-tippy-content="Inspector General means an Inspector General appointed under chapter 4 of title 5 of the United States Code and any Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the executive agency concerned. This definition does not apply to 3.907. " class="agov-definition">Inspector General for submission instructions. A complaint by the employee may not be brought under <a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim" target="_blank">41 U.S.C. 4712</a> more than three years after the date on which the alleged reprisal took place. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title79" id="FAR_3_904_2" data-part="subsection" data-part-number="3.904-2"><h4 class="title topictitle4" id="ariaid-title79"> 3.904-2 Procedures for investigating complaints. </h4> <div class="body conbody"> (a) Investigation of complaints will be in accordance with <a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim" target="_blank">41 U.S.C. 4712(b)</a>. (b) Upon completion of the investigation, the head of the agency shall ensure that the report of findings has been provided by the <i data-tippy-content="Inspector General means an Inspector General appointed under chapter 4 of title 5 of the United States Code and any Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the executive agency concerned. This definition does not apply to 3.907. " class="agov-definition">Inspector General to the head of the agency and to— (1) The complainant and any person acting on the complainant's behalf; and (2) The contractor and/or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor alleged to have committed the violation. (c) The complainant, contractor, and/or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor shall be afforded the opportunity to submit a written response to the report of findings to the head of the agency and the Office of <i data-tippy-content="Inspector General means an Inspector General appointed under chapter 4 of title 5 of the United States Code and any Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the executive agency concerned. This definition does not apply to 3.907. " class="agov-definition">Inspector General in a time and manner that permits the <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head to take action not later than 30 days after receiving the report, as required by 3.905–1(a). </div> </article></article><article class="topic concept nested2" aria-labelledby="ariaid-title80" id="FAR_3_905" data-part="section" data-part-number="3.905"><h3 class="title topictitle3" id="ariaid-title80"> 3.905 Remedies and enforcement of orders. </h3> <div class="body conbody"></div> <article class="topic concept nested3" aria-labelledby="ariaid-title81" id="FAR_3_905_1" data-part="subsection" data-part-number="3.905-1"><h4 class="title topictitle4" id="ariaid-title81"> 3.905-1 Remedies. </h4> <div class="body conbody"> (a) Agency response to <i data-tippy-content="Inspector General means an Inspector General appointed under chapter 4 of title 5 of the United States Code and any Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the executive agency concerned. This definition does not apply to 3.907. " class="agov-definition">Inspector General report. Not later than 30 days after receiving a report pursuant to <a class="xref fm:ParaNumOnly" href="#FAR_3_904_2">3.904-2</a>, the head of the agency shall— (1) Determine whether sufficient basis exists to conclude that the contractor or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor has subjected the employee who submitted the complaint to a reprisal as prohibited by <a class="xref fm:ParaNumOnly" href="#FAR_3_903">3.903</a>; and (2) Either issue an order denying relief or take one or more of the following actions: (i) Order the contractor or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor to take affirmative action to abate the reprisal. (ii) Order the contractor or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor to reinstate the complainant employee to the position that the person held before the reprisal, together with compensatory damages (including back pay), employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. (iii) Order the contractor or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor to pay the complainant employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the complainant for, or in connection with, bringing the complaint regarding the reprisal, as determined by the head of the agency. (iv) Consider disciplinary or corrective action against any official of the <i data-tippy-content="Executive agency means an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C.101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101." class="agov-definition">executive agency, if appropriate. (b) Complainant's right to go to court. (1) Paragraph (b)(2) of this section applies if— (i) The head of the agency issues an order denying relief; or (ii) (A) The head of the agency has not issued an order— (1) Within 210 days after the submission of the complaint; or (2) Within 30 days after the expiration of an extension of time granted in accordance with <a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim" target="_blank">41 U.S.C. 4712(b)(2)(B)</a> for the submission of the report to those stated in <a class="xref fm:ParaNumOnly" href="#FAR_3_904_2">3.904-2</a>(b); and (B) There is no showing that such delay is due to the bad faith of the complainant. (2) If the conditions in either paragraph (b)(1)(i) or (ii) of this section are met— (i) The complainant shall be deemed to have exhausted all administrative remedies with respect to the complaint; and (ii) The complainant may bring a de novo action at law or equity against the contractor or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor to seek compensatory damages and other relief available under <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim" target="_blank">41 U.S.C. 4712</a> in the appropriate district court of the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (A) Such an action shall, at the request of either party to the action, be tried by the court with a jury. (B) An action under this authority may not be brought more than 2 years after the date on which remedies are deemed to have been exhausted. (c) Admissibility in evidence. An <i data-tippy-content="Inspector General means an Inspector General appointed under chapter 4 of title 5 of the United States Code and any Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the executive agency concerned. This definition does not apply to 3.907. " class="agov-definition">Inspector General determination and an <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head order denying relief under this section shall be admissible in evidence in any de novo action at law or equity brought pursuant to <a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim" target="_blank">41 U.S.C. 4712</a>. (d) No waiver. The rights and remedies provided for in <a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim" target="_blank">41 U.S.C. 4712</a> may not be waived by any agreement, policy, form, or condition of employment. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title82" id="FAR_3_905_2" data-part="subsection" data-part-number="3.905-2"><h4 class="title topictitle4" id="ariaid-title82"> 3.905-2 Enforcement of orders. </h4> <div class="body conbody"> (a) Whenever a contractor or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor fails to comply with an order issued under 3.905–1(a)(2), the head of the agency concerned shall file an action for enforcement of the order in the U.S. district court for a district in which the reprisal was found to have occurred. In any action brought pursuant to this authority, the court may grant appropriate relief, including injunctive relief, compensatory and exemplary damages, and attorney fees and costs. The complainant employee upon whose behalf an order was issued may also file such an action or join in an action filed by the head of the agency. (b) Any person adversely affected or aggrieved by an order issued under 3.905–1(a)(2) may obtain review of the order's conformance with <a class="xref" href="https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim" target="_blank">41 U.S.C. 4712</a> and its implementing regulations, in the U.S. court of appeals for a circuit in which the reprisal is alleged in the order to have occurred. No petition seeking such review may be filed more than 60 days after issuance of the order by the head of the agency. Filing such an appeal shall not act to stay the enforcement of the order of the head of an agency, unless a stay is specifically entered by the court. </div> </article></article><article class="topic concept nested2" aria-labelledby="ariaid-title83" id="FAR_3_906" data-part="section" data-part-number="3.906"><h3 class="title topictitle3" id="ariaid-title83"> 3.906 Contract clause. </h3> <div class="body conbody"> The <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall insert the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_17">52.203-17</a>, Contractor Employee Whistleblower Rights, in all <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations and contracts, except <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations and contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community (see <a class="xref fm:ParaNumOnly" href="#FAR_3_900">3.900</a>(a)). </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title84" id="FAR_3_907" data-part="section" data-part-number="3.907"><h3 class="title topictitle3" id="ariaid-title84"> 3.907 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (the Recovery Act).</h3> <article class="topic concept nested3" aria-labelledby="ariaid-title85" id="FAR_3_907_1" data-part="subsection" data-part-number="3.907-1"><h4 class="title topictitle4" id="ariaid-title85"> 3.907-1 Definitions.</h4> <div class="body conbody"> As used in this section- Board means the Recovery Accountability and Transparency Board established by Section 1521 of the Recovery Act. <i data-tippy-content="Covered funds means any contract payment, grant payment, or other payment received by a contractor if-(1) The Federal Government provides any portion of the money or property that is provided, requested, or demanded; and(2) At least some of the funds are appropriated or otherwise made available by the Recovery Act.Covered information means information that the employee reasonably believes is evidence of gross mismanagement of the contract or subcontract related to covered funds, gross waste of covered funds, a substantial and specific danger to public health or safety related to the implementation or use of covered funds, an abuse of authority related to the implementation or use of covered funds, or a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to covered funds.Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency.Non-Federal employer, as used in this section, means any employer that receives Recovery Act funds, including a contractor, subcontractor, or other recipient of funds pursuant to a contract or other agreement awarded and administered in accordance with the Federal Acquisition Regulation." class="agov-definition">Covered funds means any contract payment, grant payment, or other payment received by a contractor if- (1) The Federal Government provides any portion of the money or property that is provided, requested, or demanded; and (2) At least some of the funds are appropriated or otherwise made available by the Recovery Act. <i data-tippy-content="Covered information means information that the employee reasonably believes is evidence of gross mismanagement of the contract or subcontract related to covered funds, gross waste of covered funds, a substantial and specific danger to public health or safety related to the implementation or use of covered funds, an abuse of authority related to the implementation or use of covered funds, or a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to covered funds." class="agov-definition">Covered information means information that the employee reasonably believes is evidence of gross mismanagement of the contract or <i data-tippy-content="Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders." class="agov-definition">subcontract related to <i data-tippy-content="Covered funds means any contract payment, grant payment, or other payment received by a contractor if-(1) The Federal Government provides any portion of the money or property that is provided, requested, or demanded; and(2) At least some of the funds are appropriated or otherwise made available by the Recovery Act.Covered information means information that the employee reasonably believes is evidence of gross mismanagement of the contract or subcontract related to covered funds, gross waste of covered funds, a substantial and specific danger to public health or safety related to the implementation or use of covered funds, an abuse of authority related to the implementation or use of covered funds, or a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to covered funds.Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency.Non-Federal employer, as used in this section, means any employer that receives Recovery Act funds, including a contractor, subcontractor, or other recipient of funds pursuant to a contract or other agreement awarded and administered in accordance with the Federal Acquisition Regulation." class="agov-definition">covered funds, gross waste of <i data-tippy-content="Covered funds means any contract payment, grant payment, or other payment received by a contractor if-(1) The Federal Government provides any portion of the money or property that is provided, requested, or demanded; and(2) At least some of the funds are appropriated or otherwise made available by the Recovery Act.Covered information means information that the employee reasonably believes is evidence of gross mismanagement of the contract or subcontract related to covered funds, gross waste of covered funds, a substantial and specific danger to public health or safety related to the implementation or use of covered funds, an abuse of authority related to the implementation or use of covered funds, or a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to covered funds.Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency.Non-Federal employer, as used in this section, means any employer that receives Recovery Act funds, including a contractor, subcontractor, or other recipient of funds pursuant to a contract or other agreement awarded and administered in accordance with the Federal Acquisition Regulation." class="agov-definition">covered funds, a substantial and specific danger to public health or safety related to the implementation or use of <i data-tippy-content="Covered funds means any contract payment, grant payment, or other payment received by a contractor if-(1) The Federal Government provides any portion of the money or property that is provided, requested, or demanded; and(2) At least some of the funds are appropriated or otherwise made available by the Recovery Act.Covered information means information that the employee reasonably believes is evidence of gross mismanagement of the contract or subcontract related to covered funds, gross waste of covered funds, a substantial and specific danger to public health or safety related to the implementation or use of covered funds, an abuse of authority related to the implementation or use of covered funds, or a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to covered funds.Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency.Non-Federal employer, as used in this section, means any employer that receives Recovery Act funds, including a contractor, subcontractor, or other recipient of funds pursuant to a contract or other agreement awarded and administered in accordance with the Federal Acquisition Regulation." class="agov-definition">covered funds, an abuse of authority related to the implementation or use of <i data-tippy-content="Covered funds means any contract payment, grant payment, or other payment received by a contractor if-(1) The Federal Government provides any portion of the money or property that is provided, requested, or demanded; and(2) At least some of the funds are appropriated or otherwise made available by the Recovery Act.Covered information means information that the employee reasonably believes is evidence of gross mismanagement of the contract or subcontract related to covered funds, gross waste of covered funds, a substantial and specific danger to public health or safety related to the implementation or use of covered funds, an abuse of authority related to the implementation or use of covered funds, or a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to covered funds.Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency.Non-Federal employer, as used in this section, means any employer that receives Recovery Act funds, including a contractor, subcontractor, or other recipient of funds pursuant to a contract or other agreement awarded and administered in accordance with the Federal Acquisition Regulation." class="agov-definition">covered funds, or a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to <i data-tippy-content="Covered funds means any contract payment, grant payment, or other payment received by a contractor if-(1) The Federal Government provides any portion of the money or property that is provided, requested, or demanded; and(2) At least some of the funds are appropriated or otherwise made available by the Recovery Act.Covered information means information that the employee reasonably believes is evidence of gross mismanagement of the contract or subcontract related to covered funds, gross waste of covered funds, a substantial and specific danger to public health or safety related to the implementation or use of covered funds, an abuse of authority related to the implementation or use of covered funds, or a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to covered funds.Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency.Non-Federal employer, as used in this section, means any employer that receives Recovery Act funds, including a contractor, subcontractor, or other recipient of funds pursuant to a contract or other agreement awarded and administered in accordance with the Federal Acquisition Regulation." class="agov-definition">covered funds. <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General means an <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General appointed under the <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General Act of 1978. In the Department of Defense that is the DoD <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General. In the case of an <i data-tippy-content="Executive agency means an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C.101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101." class="agov-definition">executive agency that does not have an <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General, the duties shall be performed by an official designated by the head of the <i data-tippy-content="Executive agency means an executive department, a military department, or any independent establishment within the meaning of 5 U.S.C.101, 102, and 104(1), respectively, and any wholly owned Government corporation within the meaning of 31 U.S.C. 9101." class="agov-definition">executive agency. <i data-tippy-content="Non-Federal employer, as used in this section, means any employer that receives Recovery Act funds, including a contractor, subcontractor, or other recipient of funds pursuant to a contract or other agreement awarded and administered in accordance with the Federal Acquisition Regulation." class="agov-definition">Non-Federal employer, as used in this section, means any employer that receives Recovery Act funds, including a contractor, <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor, or other recipient of funds pursuant to a contract or other agreement awarded and administered in accordance with the Federal <i data-tippy-content="Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract." class="agov-definition">Acquisition Regulation. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title86" id="FAR_3_907_2" data-part="subsection" data-part-number="3.907-2"><h4 class="title topictitle4" id="ariaid-title86"> 3.907-2 Policy.</h4> <div class="body conbody"> <i data-tippy-content="Non-Federal employer, as used in this section, means any employer that receives Recovery Act funds, including a contractor, subcontractor, or other recipient of funds pursuant to a contract or other agreement awarded and administered in accordance with the Federal Acquisition Regulation." class="agov-definition">Non-Federal employers are prohibited from discharging, demoting, or otherwise discriminating against an employee as a reprisal for disclosing <i data-tippy-content="Covered information means information that the employee reasonably believes is evidence of gross mismanagement of the contract or subcontract related to covered funds, gross waste of covered funds, a substantial and specific danger to public health or safety related to the implementation or use of covered funds, an abuse of authority related to the implementation or use of covered funds, or a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to covered funds." class="agov-definition">covered information to any of the following entities or their representatives: (1) The Board. (2) An <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General. (3) The Comptroller General. (4) A member of Congress. (5) A State or Federal regulatory or law enforcement agency. (6) A person with supervisory authority over the employee or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct. (7) A court or grand jury. (8) The head of a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title87" id="FAR_3_907_3" data-part="subsection" data-part-number="3.907-3"><h4 class="title topictitle4" id="ariaid-title87"> 3.907-3 Procedures for filing complaints.</h4> <div class="body conbody"> (a) An employee who believes that he or she has been subjected to reprisal prohibited by the Recovery Act, Section 1553 as set forth in <a class="xref fm:ParaNumOnly" href="#FAR_3_907_2">3.907-2</a>, may submit a complaint regarding the reprisal to the <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General of the agency that awarded the contract. (b) The complaint shall be signed and shall contain- (1) The name of the contractor; (2) The contract number, if known; if not, a description reasonably sufficient to identify the contract(s) involved; (3) The <i data-tippy-content="Covered information means information that the employee reasonably believes is evidence of gross mismanagement of the contract or subcontract related to covered funds, gross waste of covered funds, a substantial and specific danger to public health or safety related to the implementation or use of covered funds, an abuse of authority related to the implementation or use of covered funds, or a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to covered funds." class="agov-definition">covered information giving rise to the disclosure; (4) The nature of the disclosure giving rise to the discriminatory act; and (5) The specific nature and date of the reprisal. (c) A <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer who receives a complaint of reprisal of the type described in <a class="xref fm:ParaNumOnly" href="#FAR_3_907_2">3.907-2</a> shall forward it to the Office of <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General and to other designated officials in accordance with agency procedures (e.g., agency legal counsel). </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title88" id="FAR_3_907_4" data-part="subsection" data-part-number="3.907-4"><h4 class="title topictitle4" id="ariaid-title88"> 3.907-4 Procedures for investigating complaints.</h4> <div class="body conbody"> Investigation of complaints will be in accordance with section 1553 of the Recovery Act. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title89" id="FAR_3_907_5" data-part="subsection" data-part-number="3.907-5"><h4 class="title topictitle4" id="ariaid-title89"> 3.907-5 Access to investigative file of Inspector General.</h4> <div class="body conbody"> (a) The employee alleging reprisal under this section shall have access to the investigation file of the <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General, in accordance with the Privacy Act, <a class="xref" href="http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" target="_blank">5 U.S.C. §552a</a>. The investigation of the <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General shall be deemed closed for the purposes of disclosure under such section when an employee files an appeal to the <i data-tippy-content="Agency head or "head of the agency" means the Secretary, Attorney General, Administrator, Governor, Chairperson, or other chief official of an executive agency, unless otherwise indicated, including any deputy or assistant chief official of an executive agency." class="agov-definition">agency head or a court of competent jurisdiction. (b) In the event the employee alleging reprisal brings a civil action under section 1553(c)(3) of the Recovery Act, the employee alleging the reprisal and the <i data-tippy-content="Non-Federal employer, as used in this section, means any employer that receives Recovery Act funds, including a contractor, subcontractor, or other recipient of funds pursuant to a contract or other agreement awarded and administered in accordance with the Federal Acquisition Regulation." class="agov-definition">non-Federal employer shall have access to the investigative file of the <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General in accordance with the Privacy Act. (c) The <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General may exclude from disclosures made under <a class="xref fm:ParaNumOnly" href="#FAR_3_907_5">3.907-5</a>(a) or (b)- (1) Information protected from disclosure by a provision of law; and (2) Any additional information the <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General determines disclosure of which would impede a continuing investigation, provided that such information is disclosed once such disclosure would no longer impede such investigation, unless the <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General determines that the disclosure of law enforcement techniques, procedures, or information could reasonably be expected to risk circumvention of the law or disclose the identity of a confidential source. (d) An <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General investigating an alleged reprisal under this section may not respond to any inquiry or disclose any information from or about any person alleging such reprisal, except in accordance with <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim" target="_blank">5 U.S.C. 552a</a> or as required by any other applicable Federal law. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title90" id="FAR_3_907_6" data-part="subsection" data-part-number="3.907-6"><h4 class="title topictitle4" id="ariaid-title90"> 3.907-6 Remedies and enforcement authority.</h4> <div class="body conbody"> (a) Burden of Proof. (1) Disclosure as contributing factor in reprisal. (i) An employee alleging a reprisal under this section shall be deemed to have affirmatively established the occurrence of the reprisal if the employee demonstrates that a disclosure described in section <a class="xref fm:ParaNumOnly" href="#FAR_3_907_2">3.907-2</a> was a contributing factor in the reprisal. (ii) A disclosure may be demonstrated as a contributing factor in a reprisal for purposes of this paragraph by circumstantial evidence, including- (A) Evidence that the official undertaking the reprisal knew of the disclosure; or (B) Evidence that the reprisal occurred within a period of time after the disclosure such that a reasonable person could conclude that the disclosure was a contributing factor in the reprisal. (2) Opportunity for rebuttal. The head of an agency may not find the occurrence of a reprisal with respect to a reprisal that is affirmatively established under section <a class="xref fm:ParaNumOnly" href="#FAR_3_907_6">3.907-6</a>(a)(1) if the <i data-tippy-content="Non-Federal employer, as used in this section, means any employer that receives Recovery Act funds, including a contractor, subcontractor, or other recipient of funds pursuant to a contract or other agreement awarded and administered in accordance with the Federal Acquisition Regulation." class="agov-definition">non-Federal employer demonstrates by clear and convincing evidence that the <i data-tippy-content="Non-Federal employer, as used in this section, means any employer that receives Recovery Act funds, including a contractor, subcontractor, or other recipient of funds pursuant to a contract or other agreement awarded and administered in accordance with the Federal Acquisition Regulation." class="agov-definition">non-Federal employer would have taken the action constituting the reprisal in the absence of the disclosure. (b) No later than 30 days after receiving an <i data-tippy-content="Inspector General means an Inspector General appointed under the Inspector General Act of 1978. In the Department of Defense that is the DoD Inspector General. In the case of an executive agency that does not have an Inspector General, the duties shall be performed by an official designated by the head of the executive agency." class="agov-definition">Inspector General report in accordance with section 1553 of the Recovery Act, the head of the agency concerned shall determine whether there is sufficient basis to conclude that the <i data-tippy-content="Non-Federal employer, as used in this section, means any employer that receives Recovery Act funds, including a contractor, subcontractor, or other recipient of funds pursuant to a contract or other agreement awarded and administered in accordance with the Federal Acquisition Regulation." class="agov-definition">non-Federal employer has subjected the complainant to a reprisal prohibited by subsection <a class="xref fm:ParaNumOnly" href="#FAR_3_907_2">3.907-2</a> and shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: (1) Order the employer to take affirmative action to abate the reprisal. (2) Order the employer to reinstate the person to the position that the person held before the reprisal, together with the compensation (including back pay), compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. (3) Order the employer to pay the complainant an amount equal to the aggregate amount of all costs and expenses (including attorneys’ fees and expert witnesses’ fees) that were reasonably incurred by the complainant for, or in connection with, bringing the complaint regarding the reprisal. (c) (1) The complainant shall be deemed to have exhausted all administrative remedies with respect to the complaint, and the complainant may bring a de novo action at law or equity against the employer to seek compensatory damages and other relief available under this section in the appropriate district court of <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States, which shall have jurisdiction over such an action without regard to the amount in controversy if- (i) The head of an agency- (A) Issues an order denying relief in whole or in part under paragraph (a) of this section; (B) Has not issued an order within 210 days after the submission of a complaint in accordance with section 1553 of the Recovery Act, or in the case of an extension of time in accordance with section 1553 of the Recovery Act, within 30 days after the expiration of the extension of time; or (C) Decides in accordance with section 1553 of the Recovery Act not to investigate or to discontinue an investigation; and (ii) There is no showing that such delay or decision is due to the bad faith of the complainant. (2) Such an action shall, at the request of either party to the action, be tried by the court with a jury. (d) Whenever an employer fails to comply with an order issued under this section, the head of the agency shall request the Department of Justice to file an action for enforcement of such order in the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States district court for a district in which the reprisal was found to have occurred. In any action brought under this section, the court may grant appropriate relief, including injunctive relief, compensatory and exemplary damages, and attorneys fees and costs. (e) Any person adversely affected or aggrieved by an order issued under paragraph (b) of this subsection may obtain review of the order’s conformance with the law, and this section, in the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States Court of Appeals for a circuit in which the reprisal is alleged in the order to have occurred. No petition seeking such review may be filed more than 60 days after issuance of the order by the head of the agency. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title91" id="FAR_3_907_7" data-part="subsection" data-part-number="3.907-7"><h4 class="title topictitle4" id="ariaid-title91"> 3.907-7 Contract clause.</h4> <div class="body conbody"> Use the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_15">52.203-15</a>, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009, in all <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations and contracts funded in whole or in part with Recovery Act funds. </div> </article></article><article class="topic concept nested2" aria-labelledby="ariaid-title92" id="FAR_3_908" data-part="section" data-part-number="3.908"><h3 class="title topictitle3" id="ariaid-title92"> 3.908 [Reserved] </h3> </article><article class="topic concept nested2" aria-labelledby="ariaid-title93" id="FAR_3_909" data-part="section" data-part-number="3.909"><h3 class="title topictitle3" id="ariaid-title93"> 3.909 Prohibition on providing funds to an entity that requires certain internal confidentiality agreements or statements.</h3> <article class="topic concept nested3" aria-labelledby="ariaid-title94" id="FAR_3_909_1" data-part="subsection" data-part-number="3.909-1"><h4 class="title topictitle4" id="ariaid-title94"> 3.909-1 Prohibition.</h4> <div class="body conbody"> (a) The Government is prohibited from using fiscal year 2015 and subsequent fiscal year funds for a contract with an entity that requires employees or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. See section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions.) (b) The prohibition in paragraph (a) of this section does not contravene requirements applicable to Standard Form 312 (<i data-tippy-content="Classified information means any knowledge that can be communicated or any documentary material, regardless of its physical form or characteristics, that—(1)(i) Is owned by, is produced by or for, or is under the control of the United States Government; or(ii) Has been classified by the Department of Energy as privately generated restricted data following the procedures in 10 CFR 1045.21; and(2) Must be protected against unauthorized disclosure according to Executive Order12958, Classified National Security Information, April 7,1995, or classified in accordance with the Atomic Energy Act of 1954." class="agov-definition">Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of <i data-tippy-content="Classified information means any knowledge that can be communicated or any documentary material, regardless of its physical form or characteristics, that—(1)(i) Is owned by, is produced by or for, or is under the control of the United States Government; or(ii) Has been classified by the Department of Energy as privately generated restricted data following the procedures in 10 CFR 1045.21; and(2) Must be protected against unauthorized disclosure according to Executive Order12958, Classified National Security Information, April 7,1995, or classified in accordance with the Atomic Energy Act of 1954." class="agov-definition">classified information. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title95" id="FAR_3_909_2" data-part="subsection" data-part-number="3.909-2"><h4 class="title topictitle4" id="ariaid-title95"> 3.909-2 Representation by the offeror.</h4> <div class="body conbody"> (a) In order to be eligible for contract award, an offeror must represent that it will not require its employees or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractors to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the <i data-tippy-content="Inspector General means an Inspector General appointed under chapter 4 of title 5 of the United States Code and any Inspector General that receives funding from, or has oversight over contracts awarded for, or on behalf of, the executive agency concerned. This definition does not apply to 3.907. " class="agov-definition">Inspector General). Any offeror that does not so represent is <i data-tippy-content="Ineligible means excluded from Government contracting (and subcontracting, if appropriate) pursuant to statutory, Executive order, or regulatory authority other than this regulation (48 CFR chapter 1) and its implementing and supplementing regulations; for example, pursuant to–(1) 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction), and its related statutes and implementing regulations;(2) 41 U.S.C. chapter 67, Service Contract Labor Standards;(3) The Equal Employment Opportunity Acts and Executive orders;(4) 41 U.S.C. chapter 65, Contracts for Material, Supplies, Articles, and Equipment Exceeding $10,000;(5) 41 U.S.C. chapter 83, Buy American; or(6) The Environmental Protection Acts and Executive orders." class="agov-definition">ineligible for award of a contract. (b) The <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer may rely on an offeror's representation unless the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer has reason to question the representation. </div> </article><article class="topic concept nested3" aria-labelledby="ariaid-title96" id="FAR_3_909_3" data-part="subsection" data-part-number="3.909-3"><h4 class="title topictitle4" id="ariaid-title96"> 3.909-3 Solicitation provision and contract clause.</h4> <div class="body conbody"> When using funding subject to the prohibitions in <a class="xref fm:ParaNumOnly" href="#FAR_3_909_1">3.909-1</a>(a), the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall- (a) (1) Include the provision at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_18">52.203-18</a>, Prohibition on <i data-tippy-content="Contracting means purchasing, renting, leasing, or otherwise obtaining supplies or services from nonfederal sources. Contracting includes description (but not determination) of supplies and services required, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. It does not include making grants or cooperative agreements." class="agov-definition">Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation, in all <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations, except as provided in paragraph (a)(2) of this section; and (2) Do not insert the provision in <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations for a <i data-tippy-content="Personal services contract means a contract that, by its express terms or as administered, makes the contractor personnel appear to be, in effect, Government employees (see 37.104)." class="agov-definition">personal services contract with an individual if the services are to be performed entirely by the individual, rather than by an employee of the contractor or a <i data-tippy-content="Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor." class="agov-definition">subcontractor. (b) (1) Include the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_19">52.203-19</a>, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements, in all <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations and resultant contracts, other than <i data-tippy-content="Personal services contract means a contract that, by its express terms or as administered, makes the contractor personnel appear to be, in effect, Government employees (see 37.104)." class="agov-definition">personal services contracts with individuals. (2) Modify existing contracts, other than <i data-tippy-content="Personal services contract means a contract that, by its express terms or as administered, makes the contractor personnel appear to be, in effect, Government employees (see 37.104)." class="agov-definition">personal services contracts with individuals, to include the clause before obligating FY 2015 or subsequent FY funds that are subject to the same prohibition on internal confidentiality agreements or statements. </div> </article></article></article><article class="topic nested1" aria-labelledby="ariaid-title97" id="FAR_Subpart_3_10" data-part="subpart" data-part-number="3.10"><h2 class="title topictitle2 Subpart" id="ariaid-title97"> Subpart 3.10 - Contractor Code of Business Ethics and Conduct</h2> <article class="topic nested2" aria-labelledby="ariaid-title98" id="FAR_3_1000" data-part="section" data-part-number="3.1000"><h3 class="title topictitle3" id="ariaid-title98"> 3.1000 Scope of subpart.</h3> <div class="body"> This subpart- (a) Implements <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3509&num=0&edition=prelim" target="_blank">41 U.S.C. 3509</a>, Notification of Violations of Federal Criminal Law or Overpayments; and (b) Prescribes policies and procedures for the establishment of contractor codes of business ethics and conduct, and display of agency Office of Inspector General (OIG) fraud hotline posters. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title99" id="FAR_3_1001" data-part="section" data-part-number="3.1001"><h3 class="title topictitle3" id="ariaid-title99"> 3.1001 Definitions.</h3> <div class="body conbody"> As used in this subpart- Subcontract means any contract entered into by a subcontractor to furnish <i data-tippy-content="Supplies means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing." class="agov-definition">supplies or services for performance of a prime contract or a subcontract. Subcontractor means any supplier, distributor, vendor, or firm that furnished <i data-tippy-content="Supplies means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing." class="agov-definition">supplies or services to or for a prime contractor or another subcontractor. <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States means the 50 States, the District of Columbia, and <i data-tippy-content="Outlying areas means-(1) Commonwealths(i) Puerto Rico.(ii) The Northern Mariana Islands;(2)Territories.(i) American Samoa.(ii) Guam.(iii) U.S. Virgin Islands; and(3)Minor outlying islands.(i) Baker Island.(ii) Howland Island.(iii) Jarvis Island.(iv) Johnston Atoll.(v) Kingman Reef.(vi) Midway Islands.(vii) Navassa Island.(viii) Palmyra Atoll.(ix) Wake Atoll." class="agov-definition">outlying areas. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title100" id="FAR_3_1002" data-part="section" data-part-number="3.1002"><h3 class="title topictitle3" id="ariaid-title100"> 3.1002 Policy.</h3> <div class="body conbody"> (a) Government contractors must conduct themselves with the highest degree of integrity and honesty. (b) Contractors should have a written code of business ethics and conduct. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program and an internal control system that- (1) Are suitable to the size of the company and extent of its involvement in Government <i data-tippy-content="Contracting means purchasing, renting, leasing, or otherwise obtaining supplies or services from nonfederal sources. Contracting includes description (but not determination) of supplies and services required, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. It does not include making grants or cooperative agreements." class="agov-definition">contracting; (2) Facilitate timely discovery and disclosure of improper conduct in connection with Government contracts; and (3) Ensure corrective measures are promptly instituted and carried out. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title101" id="FAR_3_1003" data-part="section" data-part-number="3.1003"><h3 class="title topictitle3" id="ariaid-title101"> 3.1003 Requirements.</h3> <div class="body conbody"> (a) Contractor requirements. (1) Although the policy at <a class="xref fm:ParaNumOnly" href="#FAR_3_1002">3.1002</a> applies as guidance to all Government contractors, the contractual requirements set forth in the clauses at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_13">52.203-13</a>, Contractor Code of Business Ethics and Conduct, and <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_14">52.203-14</a>, Display of Hotline Poster(s), are mandatory if the contracts meet the conditions specified in the clause prescriptions at <a class="xref fm:ParaNumOnly" href="#FAR_3_1004">3.1004</a>. (2) Whether or not the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_13">52.203-13</a> is applicable, a contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the Government, in connection with the award, performance, or closeout of a Government contract performed by the contractor or a subcontract awarded thereunder, credible evidence of a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States Code or a violation of the civil False <i data-tippy-content="Claim means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71, Contract Disputes, until certified as required by the statute. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable time." class="agov-definition">Claims Act. Knowing failure to timely disclose credible evidence of any of the above violations remains a cause for <i data-tippy-content="Suspension means action taken by a suspending official under 9.407 to disqualify a contractor temporarily from Government contracting and Government-approved subcontracting; a contractor that is disqualified is "suspended."" class="agov-definition">suspension and/or <i data-tippy-content="Debarment means action taken by a debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a contractor that is excluded is "debarred."" class="agov-definition">debarment until 3 years after final payment on a contract (see <a class="xref fm:ParaNumOnly" href="/far/part-9#FAR_9_406_2">9.406-2</a>(b)(1)(vi) and <a class="xref fm:ParaNumOnly" href="/far/part-9#FAR_9_407_2">9.407-2</a>(a)(8)). (3) The Payment clauses at FAR <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_212_4">52.212-4</a>(i)(5), <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_232_25">52.232-25</a>(d), <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_232_26">52.232-26</a>(c), and <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_232_27">52.232-27</a>(l) require that, if the contractor becomes aware that the Government has overpaid on a contract financing or <i data-tippy-content="Invoice means a contractor’s bill or written request for payment under the contract for supplies delivered or services performed (see also "proper invoice")." class="agov-definition">invoice payment, the contractor shall remit the overpayment amount to the Government. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose credible evidence of a significant overpayment, other than overpayments resulting from contract financing payments as defined in <a class="xref fm:ParaNumOnly" href="/far/part-32#FAR_32_001">32.001</a> (see <a class="xref fm:ParaNumOnly" href="/far/part-9#FAR_9_406_2">9.406-2</a>(b)(1)(vi) and <a class="xref fm:ParaNumOnly" href="/far/part-9#FAR_9_407_2">9.407-2</a>(a)(8)). (b) Notification of possible contractor violation. If the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer is notified of possible contractor violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C.; or a violation of the civil False <i data-tippy-content="Claim means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71, Contract Disputes, until certified as required by the statute. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable time." class="agov-definition">Claims Act, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall- (1) Coordinate the matter with the agency Office of the Inspector General; or (2) Take action in accordance with agency procedures. (c) Fraud Hotline Poster. (1) Agency OIGs are responsible for determining the need for, and content of, their respective agency OIG fraud hotline poster(s). (2) When requested by the Department of Homeland Security, agencies shall ensure that contracts funded with disaster assistance funds require display of any fraud hotline poster applicable to the specific contract. As established by the agency OIG, such posters may be displayed in lieu of, or in addition to, the agency’s standard poster. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title102" id="FAR_3_1004" data-part="section" data-part-number="3.1004"><h3 class="title topictitle3" id="ariaid-title102"> 3.1004 Contract clauses.</h3> <div class="body conbody"> (a) Insert the clause at FAR <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_13">52.203-13</a>, Contractor Code of Business Ethics and Conduct, in <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations and contracts if the value of the contract is expected to exceed $6 million and the performance period is 120 days or more. (b) (1) Unless the contract is for the <i data-tippy-content="Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract." class="agov-definition">acquisition of a <i data-tippy-content="Commercial product means— (1) A product, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes, and–(i) Has been sold, leased, or licensed to the general public; or(ii) Has been offered for sale, lease, or license to the general public;(2) A product that evolved from a product described in paragraph (1) of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation;(3) A product that would satisfy a criterion expressed in paragraph (1) or (2) of this definition, except for-(i) Modifications of a type customarily available in the commercial marketplace; or(ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. “Minor modifications” means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor;(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) of this definition that are of a type customarily combined and sold in combination to the general public;(5) A product, or combination of products, referred to in paragraphs (1) through (4) of this definition, even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor; or(6) A nondevelopmental item, if the procuring agency determines the product was developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments." class="agov-definition">commercial product or <i data-tippy-content="Commercial service means— (1) Installation services, maintenance services, repair services, training services, and other services if–(i) Such services are procured for support of a commercial product as defined in this section, regardless of whether such services are provided by the same source or at the same time as the commercial product; and(ii) The source of such services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;(2) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions. For purposes of these services–(i)Catalog price means a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or vendor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public; and(ii)Market prices means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors; or(3) A service referred to in paragraph (1) or (2) of this definition, even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor." class="agov-definition">commercial service or will be performed entirely outside the <i data-tippy-content="United States, when used in a geographic sense, means the 50 States and the District of Columbia, except as follows:(1) For use in subpart 3.10, see the definition at 3.1001.(2) For use in subpart 22.8, see the definition at 22.801.(3) For use in subpart 22.10, see the definition at 22.1001.(4) For use in subpart 22.13, see the definition at 22.1301.(5) For use in subpart 22.16, see the definition at 22.1601.(6) For use in subpart 22.17, see the definition at 22.1702.(7) For use in subpart 22.18, see the definition at 22.1801.(8) For use in subpart 22.19, see the definition at 22.1901.(9) For use in subpart 23.1, see the definition at 23.101. (10) For use in part 25, see the definition at 25.003.(11) For use in part 27, see the definition at 27.001.(12) For use in subpart 47.4, see the definition at 47.401." class="agov-definition">United States, insert the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_14">52.203-14</a>, Display of Hotline Poster(s), if– (i) The contract exceeds $6 million or a lesser amount established by the agency; and (ii) (A) The agency has a fraud hotline poster; or (B) The contract is funded with disaster assistance funds. (2) In paragraph (b)(3) of the clause, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall– (i) Identify the applicable posters; and (ii) Insert the website link(s) or other contact information for obtaining the agency and/or Department of Homeland Security poster. (3) In paragraph (d) of the clause, if the agency has established policies and procedures for display of the OIG fraud hotline poster at a lesser amount, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall replace " $6 million " with the lesser amount that the agency has established. </div> </article></article><article class="topic nested1" aria-labelledby="ariaid-title103" id="FAR_Subpart_3_11" data-part="subpart" data-part-number="3.11"><h2 class="title topictitle2 Subpart" id="ariaid-title103"> Subpart 3.11 - Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions</h2> <article class="topic nested2" aria-labelledby="ariaid-title104" id="FAR_3_1100" data-part="section" data-part-number="3.1100"><h3 class="title topictitle3" id="ariaid-title104"> 3.1100 Scope of subpart.</h3> <div class="body"> This subpart implements policy on personal conflicts of interest by employees of Government contractors as required by <a class="xref" href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2303&num=0&edition=prelim" target="_blank">41 U.S.C. 2303</a>. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title105" id="FAR_3_1101" data-part="section" data-part-number="3.1101"><h3 class="title topictitle3" id="ariaid-title105"> 3.1101 Definitions.</h3> <div class="body conbody"> As used in this subpart- <i data-tippy-content="Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:(1) Planning acquisitions.(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.(4) Evaluating contract proposals.(5) Awarding Government contracts.(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).(7) Terminating contracts.(8) Determining whether contract costs are reasonable, allocable, and allowable.(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee’s ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee’s ability to act impartially and in the best interest of the Government" is not covered under this definition.)(1) Among the sources of personal conflicts of interest are-(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and(iii) Gifts, including travel.(2) For example, financial interests referred to in paragraph (1) of this definition may arise from-(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);(iii) Services provided in exchange for honorariums or travel expense reimbursements;(iv) Research funding or other forms of research support;(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);(vi) Real estate investments;(vii) Patents, copyrights, and other intellectual property interests; or(viii) Business ownership and investment interests." class="agov-definition">Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency: (1) Planning <i data-tippy-content="Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract." class="agov-definition">acquisitions. (2) Determining what <i data-tippy-content="Supplies means all property except land or interest in land. It includes (but is not limited to) public works, buildings, and facilities; ships, floating equipment, and vessels of every character, type, and description, together with parts and accessories; aircraft and aircraft parts, accessories, and equipment; machine tools; and the alteration or installation of any of the foregoing." class="agov-definition">supplies or services are to be acquired by the Government, including developing statements of work. (3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria. (4) Evaluating contract proposals. (5) Awarding Government contracts. (6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services). (7) Terminating contracts. (8) Determining whether contract costs are reasonable, allocable, and allowable. (a) <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">Covered employee means an individual who performs an <i data-tippy-content="Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:(1) Planning acquisitions.(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.(4) Evaluating contract proposals.(5) Awarding Government contracts.(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).(7) Terminating contracts.(8) Determining whether contract costs are reasonable, allocable, and allowable.(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee’s ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee’s ability to act impartially and in the best interest of the Government" is not covered under this definition.)(1) Among the sources of personal conflicts of interest are-(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and(iii) Gifts, including travel.(2) For example, financial interests referred to in paragraph (1) of this definition may arise from-(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);(iii) Services provided in exchange for honorariums or travel expense reimbursements;(iv) Research funding or other forms of research support;(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);(vi) Real estate investments;(vii) Patents, copyrights, and other intellectual property interests; or(viii) Business ownership and investment interests." class="agov-definition">acquisition function closely associated with inherently governmental functions and is- (1) An employee of the contractor; or (2) A subcontractor that is a self-employed individual treated as a <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures. Personal conflict of interest means a situation in which a <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employee has a financial interest, personal activity, or relationship that could impair the employee’s ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee’s ability to act impartially and in the best interest of the Government" is not covered under this definition.) (1) Among the sources of personal conflicts of interest are- (i) Financial interests of the <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employee, of close family members, or of other members of the <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employee's household; (ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and (iii) Gifts, including travel. (2) For example, financial interests referred to in paragraph (1) of this definition may arise from- (i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals; (ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation); (iii) Services provided in exchange for honorariums or travel expense reimbursements; (iv) Research funding or other forms of research support; (v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments); (vi) Real estate investments; (vii) Patents, copyrights, and other intellectual property interests; or (viii) Business ownership and investment interests. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title106" id="FAR_3_1102" data-part="section" data-part-number="3.1102"><h3 class="title topictitle3" id="ariaid-title106"> 3.1102 Policy.</h3> <div class="body conbody"> The Government’s policy is to require contractors to- (a) Identify and prevent personal conflicts of interest of their <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employees; and (b) Prohibit <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employees who have access to nonpublic information by reason of performance on a Government contract from using such information for personal gain. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title107" id="FAR_3_1103" data-part="section" data-part-number="3.1103"><h3 class="title topictitle3" id="ariaid-title107"> 3.1103 Procedures.</h3> <div class="body conbody"> (a) By use of the <i data-tippy-content="Contract clause or "clause" means a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award." class="agov-definition">contract clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_16">52.203-16</a>, as prescribed at <a class="xref fm:ParaNumOnly" href="#FAR_3_1106">3.1106</a>, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall require each contractor whose employees perform <i data-tippy-content="Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract." class="agov-definition">acquisition functions closely associated with inherently Government functions to- (1) Have procedures in place to screen <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employees for potential personal conflicts of interest by- (i) Obtaining and maintaining from each <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows: (A) Financial interests of the <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employee, of close family members, or of other members of the <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employee’s household. (B) Other employment or financial relationships of the <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employee (including seeking or negotiating for prospective employment or business). (C) Gifts, including travel; and (ii) Requiring each <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employee to update the disclosure statement whenever the employee’s personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employee is performing. (2) For each <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employee- (i) Prevent personal conflicts of interest, including not assigning or allowing a <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the <i data-tippy-content="Contracting means purchasing, renting, leasing, or otherwise obtaining supplies or services from nonfederal sources. Contracting includes description (but not determination) of supplies and services required, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. It does not include making grants or cooperative agreements." class="agov-definition">contracting agency; (ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and (iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract. (3) Inform <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employees of their obligation- (i) To disclose and prevent personal conflicts of interest; (ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and (iii) To avoid even the appearance of personal conflicts of interest; (4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards; (5) Take appropriate disciplinary action in the case of <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employees who fail to comply with policies established pursuant to this section; and (6) Report to the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer any personal conflict-of-interest violation by a <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employee as soon as identified. This report shall include a description of the violation and the proposed actions to be taken by the contractor in response to the violation, with follow-up reports of corrective actions taken, as necessary. (b) If a contractor reports a personal conflict-of-interest violation by a <i data-tippy-content="(a)Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is-(1) An employee of the contractor; or(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures." class="agov-definition">covered employee to the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer in accordance with paragraph (b)(6) of the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_16">52.203-16</a>, Preventing Personal Conflicts of Interest, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall- (1) Review the actions taken by the contractor; (2) Determine whether any action taken by the contractor has resolved the violation satisfactorily; and (3) If the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer determines that the contractor has not resolved the violation satisfactorily, take any appropriate action in consultation with agency legal counsel. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title108" id="FAR_3_1104" data-part="section" data-part-number="3.1104"><h3 class="title topictitle3" id="ariaid-title108"> 3.1104 Mitigation or waiver.</h3> <div class="body conbody"> (a) In exceptional circumstances, if the contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_16">52.203-16</a>, Preventing Personal Conflicts of Interest, the contractor may submit a request, through the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer, for the head of the contracting activity to- (1) Agree to a plan to mitigate the personal conflict of interest; or (2) Waive the requirement to prevent personal conflicts of interest. (b) If the head of the contracting activity determines <i data-tippy-content="In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information." class="agov-definition">in writing that such action is in the best interest of the Government, the head of the contracting activity may impose conditions that provide mitigation of a personal conflict of interest or grant a waiver. (c) This authority shall not be redelegated. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title109" id="FAR_3_1105" data-part="section" data-part-number="3.1105"><h3 class="title topictitle3" id="ariaid-title109"> 3.1105 Violations.</h3> <div class="body conbody"> If the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer suspects violation by the contractor of a requirement of paragraph (b), (c)(3), or (d) of the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_16">52.203-16</a>, Preventing Personal Conflicts of Interest, the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall contact the agency legal counsel for advice and/or recommendations on a course of action. </div> </article><article class="topic concept nested2" aria-labelledby="ariaid-title110" id="FAR_3_1106" data-part="section" data-part-number="3.1106"><h3 class="title topictitle3" id="ariaid-title110"> 3.1106 Contract clause.</h3> <div class="body conbody"> (a) Insert the clause at <a class="xref fm:ParaNumOnly" href="/far/part-52#FAR_52_203_16">52.203-16</a>, Preventing Personal Conflicts of Interest, in <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations and contracts that- (1) Exceed the <i data-tippy-content="Simplified acquisition threshold means $250,000, except for—(1) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq.; or to support response to an emergency or major disaster (42 U.S.C. 5122), (41 U.S.C. 1903), the term means–(i) $800,000 for any contract to be awarded and performed, or purchase to be made, inside the United States; and(ii) $1.5 million for any contract to be awarded and performed, or purchase to be made, outside the United States; and(2) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a humanitarian or peacekeeping operation (10 U.S.C. 3015), the term means $500,000 for any contract to be awarded and performed, or purchase to be made, outside the United States." class="agov-definition">simplified acquisition threshold; and (2) Include a requirement for services by contractor employee(s) that involve performance of <i data-tippy-content="Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract." class="agov-definition">acquisition functions closely associated with inherently governmental functions for, or on behalf of, a <i data-tippy-content="Federal agency means any executive agency or any independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect’s direction)." class="agov-definition">Federal agency or department. (b) If only a portion of a contract is for the performance of <i data-tippy-content="Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract." class="agov-definition">acquisition functions closely associated with inherently governmental functions, then the <i data-tippy-content="Contracting officer means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. "Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts. "Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not-(1) Require that a duty be performed at a particular office or activity; or(2) Restrict in any way a contracting officer in the performance of any duty properly assigned." class="agov-definition">contracting officer shall still insert the clause, but shall limit applicability of the clause to that portion of the contract that is for the performance of such services. (c) Do not insert the clause in <i data-tippy-content="Solicitation means any request to submit offers or quotations to the Government. Solicitations under sealed bid procedures are called "invitations for bids." Solicitations under negotiated procedures are called "requests for proposals." Solicitations under simplified acquisition procedures may require submission of either a quotation or an offer." class="agov-definition">solicitations or contracts with a self-employed individual if the <i data-tippy-content="Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contract." class="agov-definition">acquisition functions closely associated with inherently governmental functions are to be performed entirely by the self-employed individual, rather than an employee of the contractor. </div> </article></article></article></article></main></div> <div class="node_view"></div> </div> </article> </body> </html>

CINXE.COM

Part 3 - Improper Business Practices and Personal Conflicts of Interest