Reclamation Acquisition Regulations (RAR)
PART WBR 1403
PART WBR 1403
IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS
OF INTEREST
SUBPART WBR 1403.1 -- SAFEGUARDS
WBR 1403.101 Standards of conduct.
WBR 1403.101-3 Agency
regulations.
WBR
1403.101-70 Notice.
WBR
1403.104 Procurement integrity.
WBR
1403.104-2 General .
WBR
1403.104-5 Disqualification
WBR
1403.104-6 Ethics advisory opinions regarding prohibitions on
a former official's acceptance of compensation from a contractor.
WBR 1403.104-7 Violations
or possible violations.
WBR
1403.8000 Acquisition activities and related functions.
PART WBR 1403
IMPROPER
BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
PART WBR 1403
IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
SUBPART WBR 1403.1 -- SAFEGUARDS
WBR
1403.101 Standards of conduct.
WBR 1403.101-3 Agency regulations.
(a)
(1) As a DOI authorized exception to the gratuity prohibitions
in FAR
3.101-2 , employees may accept food, refreshments, or entertainment
at widely- attended functions provided a completed form DI-1958
, "Acceptance of Free Attendance at Widely-Attended Events,"
is approved by the employee's supervisor prior to the event. The
employee shall retain the original copy of the approved form.
(2) If food, refreshments, or entertainment
are provided at a widely-attended function and the furnishing
of such gratuities was not previously announced, the approval
required by subparagraph (a)(1) above shall be obtained orally
by the employee attending the function, if practicable. Upon return
to work, the employee shall promptly obtain the required written
approval.
The notice in DIAR 1403.101-70 is contained in the TEP appointment memorandum prescribed in WBR 1415.305.
WBR 1403.104 Procurement Integrity
WBR
1403.104-2 General . To ensure compliance with the time
restrictions on prohibited conduct under FAR
3.104-3(d),
supervisors of officials who participate personally and substantially
in a Reclamation procurement shall maintain records documenting
work assignments involving personal and substantial participation
in any activities listed under the definition of "Participating
personally and substantially in a Federal agency procurement"
at FAR
3.104-1. The records shall include the official beginning
and estimated ending dates of work assignments. Upon request,
the supervisor shall furnish this information to all such affected
officials.
WBR 1403.104-5
1403.104-5 Disqualification.
(b) Disqualification notices shall contain the following information
in addition to that required by FAR
3.104-5(b):
(1) Requisition,
solicitation or other number which identifies the procurement
action;
(2) Title of project;
(3)
Location of the servicing contracting office.
(c) Officials desiring resumption of participation
in a procurement in accordance with FAR
3.104-5(c) must submit a written request for reinstatement
through AAMD, D-7800 to the HCA.
(1) The request must include --
(i) A reference
to the original disqualification notice;
(ii)
The duration of the disqualification period;
(iii)
The result of any discussions of employment; and
(iv)
The circumstances now permitting resumption.
(2) Within 5 days after receipt of a request for
resumption, AAMD, D-7800, shall review and evaluate all information
regarding the request and submit a recommendation for approval
or disapproval to the HCA.
(3) Within 5 days after receipt of all information transmitted
under paragraph (c)(1) of this subsection, the HCA shall --
(i) Consult with the Reclamation
Ethics Official, W-4000, as required by FAR
3.104-5(c)(2 ), prior to approving the request;
(ii)
Determine from the request if the official is eligible for resumption
of duties;
(iii) Evaluate the request and related
information in accordance with FAR
3.104-3(c);
and
(iv) Approve or reject the request in
writing unless additional information is necessary to complete
the evaluation.
WBR 1403.104-6 Ethics advisory opinions regarding prohibitions on a former official's acceptance of compensation from a contractor.
The Reclamation ethics counselor is responsible for responding to a written request for an ethics advisory opinion and shall retain the request and the advisory opinion regarding prohibitions on a former official's acceptance of compensation from a contractor in accordance with FAR 3.104-6.
WBR 1403.104-7
Violations or possible violations.
(a) The CO's determination under FAR 3.104-7(a) regarding the impact of a reported or possible violation shall be in writing and include the following information:
(1) A description of the procurement;
(2)
The status of the procurement;
(3) The facts
surrounding the violation or possible violation;
(4)
The reasons why the procurement is or is not impacted;
(5) Recommendations regarding disposition of the violation
or possible violation; and
(6) A concluding
statement regarding whether the procurement should or should not
proceed.
(b) If the determination under paragraph (a) above concludes that there is no impact on the procurement, it shall be submitted (along with supporting documentation) by sealed envelope to the CCO for concurrence or nonconcurrence. The envelope shall be marked "CONFIDENTIAL PROCUREMENT INTEGRITY INFORMATION TO BE OPENED ONLY BY ADDRESSEE."
(c)
(1) The concurrence or nonconcurrence of the CCO with the CO's
conclusion shall be made in writing.
(2) In
the event of concurrence, the CO shall proceed with the procurement.
The CCO shall forward a copy of the reported violation and recommended
action to D-7800.
(3) In the event of nonconcurrence,
the CCO shall advise the CO to suspend further action on the procurement
and refer the m atter through D-7800 to the HCA in accordance
with FAR
3.104-7(a)(1((ii) and
provide a copy of
the reported violation and recommended action to the OIG in accordance
with 111 DM 3.
SUBPART WBR 1403.80 -- SEPARATION OF FUNCTIONS
WBR
1403.8000 Acquisition activities and related functions .
(a) Separation of key acquisition activities and related functions is necessary in order to establish checks and balances to maintain effective internal control pursuant to OMB Circular A-123, Management Accountability and Control. Accordingly, acquisition operations shall be organized to ensure --
(1) The person signing a contract action is not the same person
who signed the requisition for that action;
(2)
The person performing the independent review or providing higher
level approval on a contract action is not the same person who
performed the action; and
(3) The person certifying
invoices for payment is not the same person who signed the contract
action under which the payments are being made. However, contracting
officers may use their own Integrated Charge Cards (ICC) to make
payments under the procedures at FAR
32.1108 or, if a vendor does not accept the ICC, their convenience
checks.
(b) Reclamation policy concerning independent review of contract actions is contained in WBR 1401.7001-3-82 .