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absence of coverage in the HHS Acquisition Regulation, the Federal Acquisition Regulation. To ensure proper control of redelegated acquisition authorities, HCA's shall maintain a file containing successive delegations of HCA authority through and including the contracting officer level.
(b) Personnel delegated responsibility for acquisition functions must possess a level of experience, training, and ability commensurate with the complexity and magnitude of the acquisition actions involved.
for Management and Budget (ASMB) for the Office of the Secretary (OS).
Head of the contracting activity (HCA)see 301.670–2.
Principal official responsible for acquisition (PORA) is defined in terms of certain organizational positions within the Office of Management and Acquisition (OMAC-OS), Health Care Financing Administration (HCFA), Office of Human Development Services (OHDS), Office of the Assistant Secretary for Health (DASH), Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA), Centers for Disease Control (CDC), Food and Drug Administration (FDA), Health Resources and Services Administration (HRSA), Indian Health Service (IHS), National Institutes of Health (NIH), Social Security Administration (SSA), and the Regional Offices (RO's), as follows:
SOURCE: 50 FR 23127, May 31, 1985 (interim rule) and 50 FR 38004, Sept. 19, 1985 (final rule), unless otherwise noted.
301.703 Class determinations and find
ings. (b) All class determinations and findings (D&F's) shall be limited to a period of one year or less.
An example of a D&F format may be found in 316.301-3(c). All D&F's shall be prepared using the referenced format and shall include the information required by FAR 1.704(a)-g).
PART 302-DEFINITIONS OF WORDS
OMAC-OS-Director, Division of Contract
Operations HCFA-Director, Office of Acquisition and
Grants, Office of Budget and Administra
tion OHDS- Director, Grants and Contracts Man
agement Division, Office of Management
Services QASH–Director, Division of Acquisitions
Management, Administrative Services
Center, Office of Management ADAMHA-- Director, Division of Grants and
Contracts Management, Office of the Ad
ministrator CDC- Director, Procurement and Grants Of
fice, Office of the Center Director FDA- Director, Division of Contracts and
Grants Management, Office of the Associate Commissioner for Management and Op
erations HRSA- Director, Division of Grants and
Procurement Management, Office of Man
agement IHS- Director, Division of Contracts and
Grants Policy, Office of Administration
and Management NIH- Director, Division of Contracts and
Grants, Office of Administration SSA– Associate Commissioner, Office of AC
quisition and Grants RO'S- Director, Regional Administrative
AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(C).
302.100 Definitions of terms.
Chief of the contracting office (CCO) is a mid-level management official in charge of a contracting office who controls and oversees the daily contracting operation of an Operating Division (OPDIV) or major component of an OPDIV. The CCO is subordinate to the principal official responsible for acquisition and is located at a management level above other contracting personnel, usually as a branch chief.
Head of the agency or agency head means the head of the Operating Division (OPDIV) for HCFA, OHDS, PHS, and SSA, or the Assistant Secretary
The PORA is subordinate to the head of the contracting activity and is the official in charge of the major contracting operation activity within the
Sec. 303.101 Standards of conduct. 303.101–3 Agency regulations. 303.104 Procurement integrity. 303.104-4 Definitions. 303.104-5 Disclosure of proprietary and
source selection information. 303.1046 Restrictions on Government offi
cials, employees, and consultants. 303.104-9 Certification requirements. 303.104-11 Processing violations or possible
violations. 303.104-12 Ethics program training require
Subpart 303.2-Contract Gratuities to
303.203 Reporting suspected violations of
the Gratuities clause.
Subpart 303.3—Report of Suspected
303.303 Reporting suspected antitrust viola
Subpart 303.4—Contingent Fees
(h)(1) Procurement official means any individual who has participated personally and substantially in the conduct of a procurement. The following classes of employees may be considered procurement officials depending on the circumstances prevailing in a given case: contracting officers, contract specialists, contract administrators, procurement agents, procurement clerks, cost/ price analysts, procurement analysts, clerical support and administrative personnel, auditors, professional staff of the Division of Cost Allocation, acquisition review and approval officials, contract clearance staff, board of award members, supervisory procurement officials, small and disadvantaged business utilization specialists, project officers, project managers, program officials, officials who provide special program clearances and approvals, program managers, technical evaluation panelists, peer reviewers, source selection evaluation board members, source selection advisory council members, source selection authorities, finance officials, and procurement lawyers. Concept peer reviewers are not considered to be procurement officials when participating in project concept reviews pursuant to 42 CFR 524.10(a). However, concept peer reviewers, or other peer reviewers, who participate in a project approach review are procurement officials. When there is a question whether an individual is a procurement official, the activities of the individual should be analyzed by the contracting officer to determine
303.408 Evaluation of the SF 119. 303.408–1 Responsibilities. 303.409 Misrepresentations or violations of
the Covenant Against Contingent Fees.
Subpart 303.5-Other improper Business
303.502 Subcontractor kickbacks. . Subpart 303.6—Contracts With Govern
ment Employees or Organizations Owned or Controlled by Them
Subpart 303.7—Voiding and Rescinding
AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c).
whether there is both personal and sub- later modifications or supplements to stantial involvement in a procurement. such informationIf there is doubt in a particular case, (1) The generators of the requirethe doubt should be resolved by includ- ments, including program, scientific, ing the individual as a procurement of- and technical experts involved in the ficial. The contracting officer has the development of the statements of authority to decide who is or who is work, specifications, evaluation plans, not a procurement official in a particu- budget estimates, or similar docular case. The opinion of the Office of ments; the General Counsel (OGC) should be (2) Reviewing officials; and requested when the contracting officer (3) Supervisors in the management believes the situation is particularly
chain of the individuals listed in paracomplex or sensitive. When the con- graphs (d) (1) and (2) of this section. tracting officer's decision is disputed The contracting officer shall include in by the individual whose status as a
the contract file names and functions procurement official is in question, the
of any other individuals authorized acmatter will be referred to the Principal cess to proprietary or source selection Official Responsible for Acquisition
information. (PORA) for a final determination.
303.1046 Restrictions on Government (k)(1) Source selection information in
officials, employees, and consultcludes "derivative documents” which
ants. are documents containing references to or directly citing or paraphrasing pro
(b) Procurement officials leaving the prietary or source selection informa
Department will be required to com
plete the certification set forth in tion.
Chapter 1-90 of the General Adminis303.104-5 Disclosure
tration Manual if that official leaves of proprietary and source selection information. the Department during the conduct of
a procurement expected to result in a (a) The contracting officer or any
contract or modification in excess of other individual who prepares, makes
$100,000. The administrative officer will or controls proprietary, source selec
forward a copy of the certification to tion information, or derivative docu
each responsible contracting officer for ments shall
incorporation into the contract file. (1) Ensure documents are marked as prescribed in FAR 3.104 4 (j) and (k); 303.104-9 Certification requirements. (2) Provide physical security for doc
(c) The contracting officer shall inuments in the office environment dur
clude the contracting officer certifiing and after duty hours; and
cation in the contract file for each con(3) Ensure security of interoffice
tract action over $100,000. Including the mailing of documents by using opaque certificate in the contract file shall be envelopes, double wrapping with more
considered notification to the head of than one envelope, and sealing of enve
the agency. lopes, as necessary.
(e)(2) The waiver shall be submitted (b) Individuals responsible for prepar- to the Office of Acquisition and Grants ing derivative documents are respon- Management in the Office of Managesible for marking such documents in ment and Acquisition, Office of Manaccordance with FAR 3.104–5(b).
agement and Budget in the Office of (c) Only the contracting officer has the Secretary for review and approval the authority to authorize individuals, before submission to the head of the or classes of individuals, access to pro
agency. prietary or source selection information for each procurement except for 303.104-11 Processing violations paragraph (d) of this section.
possible violations. (d) The following classes of individ- (a)(1) The contracting officer deteruals are authorized blanket access to mination that a reported violation or only that source selection information possible violation of the statutory prodeveloped before a request for contract hibitions has no impact on the impendis sent to the contract office, or to ing award or selection of a source must
be submitted through channels, along er. A copy of the certificate shall be with supporting documentation, to the provided to the contract office which PORA for review and approval of the shall maintain a list of the procuredetermination before award of a con- ment officials who have signed the certract.
tificates. (2) The contracting officer's deter- (c) Procurement officials who serve mination that a reported violation or multiple contracting offices (such as possible violation of the statutory pro- procurement lawyers) shall submit cophibitions has an impact on the pending ies of their certificates to OAGM with award or selection of a source must be the originals being transmitted to referred through channels, along with their servicing personnel office. OAGM all related information available, to shall maintain a list of such procurethe PORA (if the PORA is an SES) or ment officials and inform cognizant to another SES official designated by contracting officers upon telephonic the OPDIV. That individual will
request whether particular individuals (i) Refer the matter immediately to are included on the list. the Office of Acquisition and Grants Management in the Office of Manage- Subpart 303.2—Contractor Gratument and Acquisition, Office of Man
ities to Government Personnel agement and Budget, Office of the Secretary for review, which office may
303.203 Reporting suspected violations consult with the Office of the General
of the Gratuities clause. Counsel and the Office of the Inspector General, as appropriate; and
Departmental personnel shall report (ii) Determine the action to be taken
suspected violations of the Gratuities
clause in accordance with subpart M, on the procurement in accordance with FAR 3.104–11 (c) and (d).
Reporting Violations, of the Depart(b) The individual in paragraph (a)(2)
ment's Standards of Conduct (45 CFR of this section acts as the agency head
part 73) and General Administration designee with respect to actions taken
Manual Chapter 5-10, rather than as under the FAR clause at 52.203–10,
specified in FAR 3.203. Refer to subpart Remedies for Illegal or Improper Activ
E, Gifts, Entertainment, and Favors, of
45 CFR part 73 for an explanation reity.
garding what is prohibited and what is 303.104-12 Ethics program training re
permitted. quirements. (a) The Office of Acquisition and
Subpart 303.3—Report of Grants Management in the Office of Suspected Antitrust Violations Management and Acquisition (OAGM), Office of Management and Budget in 303.303 Reporting suspected antitrust the Office of the Secretary is respon
violations. sible for developing a training module
A copy of each report of suspected which can be used by the Department's
antitrust violations submitted to the OPDIVs and Regional offices to train
Attorney General shall also be submitprocurement officials. Upon receipt of ted to the Director, Office of Acquisithe module, each OPDIV and Regional tion and Grants Management. Office must train the procurement officials set forth in 303.104 4(h)(1) before
[49 FR 13964, Apr. 9, 1984, as amended at 54
FR 24342, June 7, 1989) they can act as procurement officials.
(b) After the training has been completed, each procurement official must Subpart 303.4-Contingent Fees sign the “Procurement Official's Certificate of Procurement Integrity” be
303.408 Evaluation of the SF 119. fore he/she can act as a procurement official on any procurement. The cer
303.408–1 Responsibilities. tificate shall be submitted to the serv- (b) The chief of the contracting office icing personnel office, where the cer- shall perform the review required by tificate will be filed on the left side of FAR 3.408–1(b) and should consult with the employee's Official Personnel Fold- the Office of General Counsel, Business and Administrative Law Division, Subpart 303.6—Contracts With when deemed necessary.
Government Employees or 303.409 Misrepresentations or viola
Organizations Owned or Contions of the Covenant Against Con.
trolled by Them tingent Fees.
303.602 Exceptions. (a) Reports shall be made promptly
Approval of an exception to the polto the contracting officer.
icy stated in FAR 3.601 shall be made (b)(1)-(3) [Reserved]
by the head of the OPDIV (Assistant (4) Suspected fraudulent or criminal
Secretary for Management and Budget matters to be reported to the Depart
in OS cases) or the Regional Director. ment of Justice shall be prepared in letter format and forwarded through
Subpart 303.7–Voiding and acquisition channels to the head of the
Rescinding Contracts contracting activity for signature. The letter must contain all pertinent facts
303.704 Policy. and background information consid
For the purposes of implementing ered by the contracting officer and
FAR subpart 3.7, the authorities grantchief of the contracting office that led
ed to the "agency head or designee" to the decision that fraudulent or
shall be exercised by the principal officriminal matters may be present. A
cial responsible for acquisition. copy of the signed letter shall be sent to the Director, Office of Acquisition
(51 FR 44293, Dec. 9, 1986) and Grants Management.
PART 304-ADMINISTRATIVE [49 FR 13964, Apr. 9, 1984, as amended at 54
MATTERS FR 24342, June 7, 1989)
Subpart 304.1-Contract Execution
Subpart 303.5-Other Improper
303.502 Subcontractor kickbacks.
Subpart 304.2-Contract Distribution
Subpart 304.6m Contract Reporting
304.602 Federal Procurement Data System.
Subpart 304.8-Contract Files
(b) Any known or suspected violations of the Anti-Kickback Act (41 U.S.C. 51-54) shall be reported to the contracting officer who shall investigate the matter, document the findings, and report the results to the chief of the contracting office. If the results substantiate the known or suspected violation, the chief of the contracting office shall notify the Office of General Counsel, Business and Administrative Law Division and report the matter, through acquisition channels, to the head of the contracting activity. The head of the contracting activity shall take appropriate action is consonance with the Act, and notify the Director, Office of Acquisition and Grants Management of the case and its disposition.
ing the contract.
Subpart 304.70 Acquisition Instrument
Identification Numbering System
304.7000 Scope of subpart.
[49 FR 13964, Apr. 9, 1984, as amended at 54 FR 24342, June 7, 1989]