U.S. Department of Health & Human Services
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Part 303--Improper Business Practices and Personal Conflicts of Interest
HHS Acquisition Regulation (HHSAR)
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(Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2))
(a) (3) The HHS Standards of Conduct are prescribed in 45 CFR Part 73.
(a) (1) The Contracting Officer shall submit to the HCA for review and approval the determination (along with supporting documentation) that a reported violation or possible violation of the statutory prohibitions has no impact on the pending award or selection of a contractor for award.
(2) The Contracting Officer shall refer the determination that a reported violation or possible violation of the statutory prohibitions has an impact on the pending award or selection of a contractor, along with all related information available, to the HCA, if the HCA is in the Senior Executive Service (SES), or to another SES official designated by the OPDIV. That individual shall—
(i) Refer the matter immediately to the Associate DAS for Acquisition for review, who may consult with OGC-GLD and the Office of the Inspector General (OIG), as appropriate; and
(ii) Determine the necessary action in accordance with FAR 3.104–7(c) and (d). The HCA shall obtain the approval or concurrence of the Associate DAS for Acquisition before proceeding with an action.
(b) The HCA (non-delegable) shall act with respect to actions taken under the FAR clause 52.203–10, Price or Fee Adjustment for Illegal or Improper Authority.
(b) The Contracting Officer, when notified of a possible contractor violation of federal criminal law, in accordance with FAR 3.1003(b), shall—
(2) Notify the HCA; and http://oig.hhs.gov/fraud/hotline
(3) Cooperate with any investigation by the OIG; and in coordination with the HCA, OIG, OGC and the affected program office, pursue appropriate remedies.
(c) (2) The Contracting Officer shall specify the title of HHS’ hotline poster (“Report Fraud”) and the website where the poster can be obtained (http://oig.hhs.gov/fraud/hotline/OIG_Hotline_Poster.pdf) in subparagraph (b)(3) of the clause at FAR 52.203-14.
HHS personnel shall report suspected violations of the Gratuities clause to the Contracting Officer, who will in turn report the matter to the OGC Ethics Division for disposition. The OGC Ethics Division shall identify, and notify the Contracting Officer of, the form and content of the required report.
(h) The HCA shall provide a copy of the draft OPDIV report of suspected antitrust violations to the SPE. If the SPE concurs with the draft report, the SPE will provide it to the OGC-GLD for its review. If the OGD-GLD concurs with the draft report, the SPE will provide the signed OGC-approved report to the Attorney General.
(a) HHS personnel shall promptly report suspected misrepresentations or violations of the Covenant Against Contingent Fees clause to the Contracting Officer.
(b) (4) The HCA shall provide a copy of the draft OPDIV report of suspected covenant against contingency fees misrepresentations or violations to the SPE. If the SPE concurs with the draft report, the SPE will provide it to the OGC-GLD for its review. If the OGD-GLD concurs with the draft report, the SPE will provide the signed OGC-approved report to the Attorney General.
The HCA (non-delegable) is the official authorized to approve an exception to the policy stated in FAR 3.601.
(a) For purposes of implementing FAR subpart 3.7, the HCA (non-delegable) shall exercise the authorities granted to the ‘‘agency head or designee.”
The Contracting Officer shall insert the clause in 352.203-70, Anti-lobbying, in solicitations and contracts that exceed the simplified acquisition threshold.