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  1. Home
  2. Grants & Contracts
  3. Contracts
  4. Contract Policies & Regulations
  5. HHS Acquisition Regulations (HHSAR)
  6. Part 303—Improper Business Practices and Conflicts of Interest
  • HHS Acquisition Regulations
    • Part 301—HHS Acquisition Regulation System
    • Part 302—Definitions of Words and Terms
    • Part 303—Improper Business Practices and Personal Conflicts of Interest
    • Part 304—Administrative Matters
    • Part 305—Publicizing Contract Actions
    • Part 306—Competition Requirements
    • Part 307—Acquisition Planning
    • Part 308—Required Sources of Supplies and Services
    • Part 309—Contractor Qualifications
    • Part 310—Market Research
    • Part 311—Describing Agency Needs
    • Part 312—Acquisition of Commercial Items
    • Part 314—Sealed Bidding
    • Part 315—Contracting by Negotiation
    • Part 316—Types of Contracts
    • Part 317—Special Contracting Methods
    • Part 319—Small Business Programs
    • Part 322—Application of Labor Laws to Government Acquisitions
    • Part 323—Renewable Energy Technologies, Occupational Safety
    • Part 324—Protection of Privacy and Freedom of Information
    • Part 326—Other Socioeconomic Programs
    • Part 327—Patents, Data, and Copyrights
    • Part 330—Cost Accounting Standards
    • Part 331—Contract Cost Principles and Procedures
    • Part 332—Contract Financing
    • Part 333—Protests, Disputes, and Appeals
    • Part 334—Major System Acquisition
    • Part 335—Research and Development Contracting
    • Part 336—Construction and Architect-Engineer Contracts
    • Part 337—Service Contracting—General
    • Part 339—Acquisition of Information Technology
    • Part 342—Contract Administration
    • Part 352—Solicitation Provisions and Contract Clauses
    • Part 370—Special Programs Affecting Acquisition
    • Subpart 313.3—Simplified Acquisition Methods

Part 303—Improper Business Practices and Personal Conflicts of Interest

(SUBCHAPTER A—GENERAL)

Sections:

  • Subpart 303.1—Safeguards
    • 303.101 Standards of conduct.
    • 303.101-3 Agency regulations.
    • 303.104-7 Violations or possible violations of the Procurement Integrity Act.
  • Subpart 303.2—Contractor Gratuities to Government Personnel
    • 303.203 Reporting suspected violations of the Gratuities clause.
  • Subpart 303.6—Contracts with Government Employees or Organizations Owned or Controlled by Them
    • 303.602 Exceptions.
  • Subpart 303.7—Voiding and Rescinding Contracts
    • 303.704 Policy.
  • Subpart 303.8—Limitation on the Payment of Funds to Influence Federal Transactions
    • 303.808-70 Solicitation provision and contract clause.
  • Subpart 303.10—Contractor Code of Business Ethics and Conduct

Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2).


Subpart 303.1—Safeguards

303.101 Standards of conduct.

303.101-3 Agency regulations.

(a)(3) The HHS Standards of Conduct are prescribed in 45 CFR part 73.

303.104-7 Violations or possible violations of the Procurement Integrity Act.

(a)(1) The contracting officer shall submit to the head of the contracting activity (HCA) for review and concurrence 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. The HCA shall—

(i) Refer the matter immediately to the Associate Deputy Assistant Secretary - Acquisition (ADAS-A) for review, who may consult with the appropriate legal office representative and the Office of Inspector General (OIG) as appropriate; and

(ii) Determine the necessary action in accordance with FAR 3.104–7(c), links to an external website and (d), links to an external website. The HCA shall obtain the approval or concurrence of the ADAS-A before proceeding with an action.

(b) The HCA (non-delegable) shall act with respect to actions taken under the Federal Acquisition Regulation (FAR) clause at 52.203–10, Price or Fee Adjustment for Illegal or Improper Authority, links to an external website.

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Subpart 303.2—Contractor Gratuities to Government Personnel

303.203 Reporting suspected violations of the Gratuities clause.

HHS personnel shall report suspected violations of the clause at FAR 52.203-3, links to an external website, Gratuities, to the contracting officer, who will in turn report the matter to the Office of General Counsel (OGC), Ethics Division for disposition.

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Subpart 303.6—Contracts with Government Employees or Organizations Owned or Controlled by Them

303.602 Exceptions.

The HCA (non-delegable) is the official authorized to approve an exception to the policy stated in FAR 3.601, links to an external website.

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Subpart 303.7—Voiding and Rescinding Contracts

303.704 Policy.

(a) For purposes of supplementing FAR subpart 3.7, links to an external website, the HCA (non-delegable) is the designee. Coordination with the Senior Procurement Executive is required.

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Subpart 303.8—Limitation on the Payment of Funds to Influence Federal Transactions

303.808-70 Solicitation provision and contract clause.

The contracting officer shall insert the clause at 352.203-70, Anti-lobbying, in solicitations and contracts that exceed the simplified acquisition threshold.

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Subpart 303.10—Contractor Code of Business Ethics and Conduct

303.1003 Requirements.

(b) The contracting officer, when notified of a possible contractor violation, in accordance with FAR 3.1003(b), links to an external website, shall notify the OIG and the HCA.

(c)(2) The contracting officer shall specify the title of HHS’ OIG hotline poster and the website where the poster can be obtained in paragraph (b)(3) of the clause at FAR 52.203-14, links to an external website.


Other Sections of the HHSAR:

  • HHS Acquisition Regulations Table of Contents
  • Previous Part: Part 302 Definitions of Words and Terms
  • Next Part: Part 304 Administrative Matters

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Content created by Assistant Secretary for Financial Resources (ASFR)
Content last reviewed December 18, 2015
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