203.1003 - Requirements
(b) Notification of possible contractor violation. Upon notification of a possible contractor violation of the type described in FAR 3.1003(b), coordinate the matter with the following office:
Department of Defense Office of Inspector General
Contractor Disclosure Program
4800 Mark Center Drive, Suite 14L25
Arlington, VA 22350-1500
Toll-Free Telephone: 866-429-8011.
(c) Fraud hotline poster. For contracts performed outside the United States, when security concerns can be appropriately demonstrated, the contracting officer may provide the contractor the option to publicize the program to contractor personnel in a manner other than public display of the poster required by 203.1004 (b)(2)(ii), such as private employee written instructions and briefings.
203.1004 - Contract clauses
(a) Use the clause at 252.203-7003 , Agency Office of the Inspector General, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items that include the FAR clause 52.203-13, Contractor Code of Business Ethics and Conduct.
(b)(2)(ii) Unless the contract is for the acquisition of a commercial item, use the clause at 252.203-7004 , Display of Hotline Posters, in lieu of the clause at FAR 52.203-14, Display of Hotline Poster(s), in solicitations and contracts, if the contract value exceeds $5.5 million. If the Department of Homeland Security (DHS) provides disaster relief funds for the contract, DHS will provide information on how to obtain and display the DHS fraud hotline poster (see FAR 3.1003).
203.104 - Procurement integrity
203.104-4 - Disclosure, protection, and marking of contractor bid or proposal information and source selection information
(d)(3) For purposes of FAR 3.104-4(d)(3) only, DoD follows the notification procedures in FAR 27.404-5(a). However, FAR 27.404-5(a)(1) does not apply to DoD.
203.170 - Business practices
To ensure the separation of functions for oversight, source selection, contract negotiation, and contract award, departments and agencies shall adhere to the following best practice policies:
(a) Senior leaders shall not perform multiple roles in source selection for a major weapon system or major service acquisition.
(b) Vacant acquisition positions shall be filled on an “acting” basis from below until a permanent appointment is made. To provide promising professionals an opportunity to gain experience by temporarily filling higher positions, these oversight duties shall not be accrued at the top.
(c) Acquisition process reviews of the military departments shall be conducted to assess and improve acquisition and management processes, roles, and structures. The scope of the reviews should include—
(1) Distribution of acquisition roles and responsibilities among personnel;
(2) Processes for reporting concerns about unusual or inappropriate actions; and
(3) Application of DoD Instruction 5000.2, Operation of the Defense Acquisition System, and the disciplines in the Defense Acquisition Guidebook.
(d) Source selection processes shall be—
(1) Reviewed and approved by cognizant organizations responsible for oversight;
(2) Documented by the head of the contracting activity or at the agency level; and
(3) Periodically reviewed by outside officials independent of that office or agency.
(e) Legal review of documentation of major acquisition system source selection shall be conducted prior to contract award, including the supporting documentation of the source selection evaluation board, source selection advisory council, and source selection authority.
(f) Procurement management reviews shall determine whether clearance threshold authorities are clear and that independent review is provided for acquisitions exceeding the simplified acquisition threshold.
203.171 - Senior DoD officials seeking employment with defense contractors
203.171-1 - Scope
This section implements Section 847 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).
203.171-2 - Definition
“Covered DoD official” as used in this section, is defined in the clause at 252.203-7000 , Requirements Relating to Compensation of Former DoD Officials.
203.171-3 - Policy
(a) A DoD official covered by the requirements of Section 847 of Pub. L. 110-181 (a “covered DoD official”) who, within 2 years after leaving DoD service, expects to receive compensation from a DoD contractor, shall, prior to accepting such compensation, request a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to activities that the official may undertake on behalf of a contractor.
(b) A DoD contractor may not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service unless the contractor first determines that the official has received, or has requested at least 30 days prior to receiving compensation from the contractor, the post-employment ethics opinion described in paragraph (a) of this section.
(c) If a DoD contractor knowingly fails to comply with the requirements of the clause at 252.203-7000 , administrative and contractual actions may be taken, including cancellation of a procurement, rescission of a contract, or initiation of suspension or debarment proceedings.
203.171-4 - Solicitation provision and contract clause
(a) Use the clause at 252.203-7000 , Requirements Relating to Compensation of Former DoD Officials, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items.
(b) Use the provision at 252.203-7005 , Representation Relating to Compensation of Former DoD Officials, in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items and solicitations for task and delivery orders.