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Electronic Code of Federal Regulations
Title 48: Federal Acquisition Regulations System
2803.104-10 Violations or possible violations.
(a) Upon receipt of information of a violation or possible violation of section 27 of the Act, the contracting officer must do the following:
(1) Refer the matter to the Office of the Inspector General or other office designated in Attorney General Order 1931-94; and
(2) Make the determination required by FAR 3.104-10(a) and follow the procedures prescribed therein.
(b) The individual referenced in FAR 3.104-10(a)(1) is the Bureau Procurement Chief.
(c) The HCA must follow the criteria contained in FAR 3.104-10(g) when designating authority under this subpart.
(d) The HCA, or designee, shall refer information regarding actual or possible violations of section 27 of the Act to the Office of the Inspector General or other office designated in Attorney General Order 1931-94 for guidance before taking action.
(e) If the HCA, or designee, receiving the information of a violation, or possible violation, determines that award is justified by urgent and compelling circumstances, or is otherwise in the interest of the Government, then the contracting officer may be authorized to award the contract after notification to the Office of the Inspector General or other office designated in Attorney General Order 1931-94.
(f) The contracting officer will be advised, or directed by the HCA, or designee, as to the action to be taken. The types of actions that would normally be taken when a violation has occurred that affected the outcome of a procurement are listed in FAR 3.104-11(d).
(g) The PE shall be advised of all instances where violations have been determined to have occurred. Information must describe the violation as well as actions taken.