AFFARS Part 5303

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PART 5303-IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

TABLE OF CONTENTS

SUBPART 5303.1-SAFEGUARDS 3-1

SUBPART 5303.2-CONTRACTOR GRATUITIES TO GOVERNMENT PERSONNEL 3-2

SUBPART 5303.3-REPORTS OF SUSPECTED ANTITRUST VIOLATIONS 3-2

SUBPART 5303.6-CONTRACTS WITH GOVERNMENT EMPLOYEES OR ORGANIZATIONS OWNED OR CONTROLLED BY THEM 3-3

SUBPART 5303.7-VOIDING AND RESCINDING CONTRACTS 3-3

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PART 5303-IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

SUBPART 5303.1-SAFEGUARDS

(b) Each HCA or designee shall designate officials to assist individuals responsible for preparing material that may include source selection information.

(f) Evaluation of recusal proposal. ASAF(A) is the recusal approval authority for Program Executive Officers (PEOs), Designated Acquisition Commanders (DACs), and members of the Secretariat and Air Staff. PEOs and DACs are HCA designees with authority to approve recusal requests for procurement officials in programs under their cognizance. The Air Force General Counsel (SAF/GC) is the Air Force Designated Agency Ethics Official (DAEO). SAF/GC has authorized the Assistant General Counsel for Acquisition (SAF/GCQ) and the Judge Advocate General to advise and provide consultation to the Air Force officials having authority to approve recusal requests.

(f) Exceptions to certification requirements.

(c) If information received under the clause at FAR 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity, indicates that a price or fee adjustment may be appropriate, the contracting officer shall submit a report to the Assistant General Counsel for Contractor Responsibility (SAF/GCR) in accordance with 5303.203. The report shall contain the information required in DFARS 209.406-3, as applicable.

(a) PEOs and DACs are the designated authorities to review and take appropriate action on contracting officer reports concerning violations or possible violations related to programs under their cognizance. For Other Contracting, MAJCOMs shall designate an individual and establish procedures to review violations or possible violations reported by the contracting officers.

(b) The HCA or designee shall submit any agency head notifications in FAR 3.104-11 (f) directly to ASAF(A) for submittal to SAF/OS.

(c) Upon completing the processing of any disclosure of violations or possible violations, the contracting officer shall notify SAF/GCR in writing of the actions taken by the HCA, PEO, or DAC.

SUBPART 5303.2-CONTRACTOR GRATUITIES TO GOVERNMENT PERSONNEL

(a) The contracting officer shall obtain assistance from the servicing staff judge advocate in preparing reports required by this section. In addition to the requirements in DFARS 209.406-3, the report shall also include:

(b) The staff judge advocate for the cognizant contracting activity shall submit three copies of the report to SAF/GCR, 1740 Air Force Pentagon, Washington, DC 20330-1740. A copy of the report and recommendations shall be forwarded to the MAJCOM Judge Advocate and Chief of Contracting for review, comment, and recommendation. MAJCOM comments and recommendations shall be sent to SAF/GCR and arrive not later than 30 days after the date of the contracting officer's report. MAJCOM/JA shall be responsible for coordinating MAJCOM actions.

(a) SAF/GCR is the agency designee with authority to conduct hearings, and to make findings of fact with respect to:

(b) SAF/GCR is required to forward its findings and recommendations to the Assistant Secretary of the Air Force for Acquisition, who will take appropriate action after reviewing the findings and recommendations.

(c) The Office of the Judge Advocate General (HQ USAF/JA) will designate a JAG officer or attorney-advisor, who will be responsible for the presentation and management of the case for the Government in the event that SAF/GCR issues a notice of hearing to the contractor. To this end, the designated JAG officer or attorney-advisor will be responsible for the taking and defending of any dispositions, the presentation of testimony, evidence, and argument at the administrative hearing, the filing of any motions or other pleadings or documents for consideration by SAF/GCR or any other action necessary to represent the Government in the case.

(d) The contracting activity and the MAJCOM will provide witnesses and other support needed by the designated JAG officer or attorney-advisor presenting the Government's case.

SUBPART 5303.3-REPORTS OF SUSPECTED ANTITRUST VIOLATIONS

(a) Air Force procedures for reporting possible violations of Federal criminal statutes relating to procurement, including reports of possible fraud, are prescribed in Subpart 5309.4.

(b) Submit reports of noncompetitive practices to SAF/AQCX for submission to the Secretary or process in accordance with Subpart 5309.4, as applicable.

SUBPART 5303.6-CONTRACTS WITH GOVERNMENT EMPLOYEES OR ORGANIZATIONS OWNED OR CONTROLLED BY THEM

Heads of contracting activities may authorize exceptions to the policy in FAR 3.601. Organizations that are not assigned to the MAJCOMs listed in DFARS Subpart 202.1 shall submit requests to SAF/AQCX for approval.

SUBPART 5303.7-VOIDING AND RESCINDING CONTRACTS

(a) Within the Air Force, the Assistant Secretary of the Air Force for Acquisition is vested with the authority to declare void and rescind contracts pursuant to FAR Subpart 3.7.

(b) SAF/GCR is delegated authority to:

(c) SAF/GCR will forward its findings and recommendations, after appropriate coordination, to the Assistant Secretary of the Air Force for Acquisition for appropriate action.

(a) Reporting.

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