Mandatory Procedure |
MP5303
Improper Business Practices and Personal Conflicts of Interest
[Revised November 7, 2012]
(b) In addition to the parties identified at FAR 3.104-5(b), if the source selection authority is the MAJCOM/FOA/DRU/CC or CV, the disqualification notice must be coordinated through the MAJCOM/FOA/DRU JA and the SCO/SCCO. The notice must include the items at FAR 3.104-5(b) and the following:
(1) Name of requestor
(2) Current position/job title
(3) Projected retirement date
(4) Impact on program/unit mission if disqualification is granted
(5) Proposed replacement individual for official acquisition duties
(6) Commander/Director recommendation
(i) The contracting officer, after consultation with the parties identified in paragraph (b) of this MP, will notify the individual if he or she is disqualified. The individual will remain disqualified unless resumption of participation in the procurement is granted in accordance with paragraph (c) of this MP.
(c) Resumption of participation in a procurement.
(2) In accordance with AFFARS 5301.601(a)(i)(A)(1), HCA designees are authorized to permit individuals to resume participation in procurements under their cognizance. In cases where an HCA designee identified at AFFARS 5301.601(a)(i)(A)(1) is the individual disqualified from participation in a procurement, then the DAS(C) has the authority to permit the HCA designee to resume participation in the procurement.
MP5303.104-7 Violations or Possible Violations
The contracting officer must provide a copy of the information and documentation generated under FAR 3.104-7 to SAF/GCR, safgcr.workflow@pentagon.af.mil.
(a)(1) The contracting officer must forward the information and determination required by FAR 3.104-7(a)(1) to the clearance approval authority (AFFARS 5301.9001(f)) of the affected procurement for review.
(f)) The approval authority under FAR 3.104-7(f) is retained by the DAS(C) (see HCA Reference Matrix).
MP5303.6 Contracts with Government Employees or Organizations Owned or Controlled by Them
Requests for exception to FAR 3.601 must be signed by the SCO/SCCO and submitted for HCA approval to SAF/AQC, safaqc.workflow@pentagon.af.mil. The SCO/SCCO should review each contract action on a case-by-case basis to ensure no viable alternatives exist and that every effort is made to avoid any conflict of interest between the employees' interests and their government duties. Requests must address the following:
(1) Description of requirement;
(2) Amount of the proposed contract and period of performance or delivery date;
(3) Contracting officer’s basis for determining the price fair and reasonable;
(4) Apparent contract awardee -- Government employee’s name, grade/rank, duty/position title, and organization;
(5) Determination that there is no conflict of interest;
(6) Explanation of the compelling reason why the Government’s needs cannot otherwise reasonably be met (include description of efforts to obtain services from non-government personnel); and
(7) For recurring requirements, describe the steps that will be taken to avoid future awards to a Government employee.
MP5303.7 Voiding and Rescinding Contracts
(a) The contracting officer must forward the facts concerning a final conviction, to include a copy of the conviction, to SAF/GCR (safgcr.workflow@pentagon.af.mil) within 30 days after learning of the conviction. The contracting officer must forward the report to the SCO within 10 calendar days after the contracting activity learns of the conviction.