Regulations: 48 CFR 3.103-1

Federal Acquisition Regulation

3.103–2
tions implementing Public Law 95–521,
which amended 18 U.S.C. 207.

Subpart 3.1—Safeguards
3.101

Standards of conduct.

3.101–1

General.

Government business shall be conducted in a manner above reproach
and, except as authorized by statute or
regulation, with complete impartiality
and with preferential treatment for
none. Transactions relating to the expenditure of public funds require the
highest degree of public trust and an
impeccable standard of conduct. The
general rule is to avoid strictly any
conflict of interest or even the appearance of a conflict of interest in Government-contractor relationships. While
many Federal laws and regulations
place restrictions on the actions of
Government personnel, their official
conduct must, in addition, be such that
they would have no reluctance to make
a full public disclosure of their actions.

[Reserved]

3.103

Independent pricing.

3.103–1

Solicitation provision.

The contracting officer shall insert
the provision at 52.203–2, Certificate of
Independent Price Determination, in
solicitations when a firm-fixed-price
contract or fixed-price contract with
economic price adjustment is contemplated, unless—
(a) The acquisition is to be made
under the simplified acquisition procedures in part 13;
(b) [Reserved]
(c) The solicitation is a request for
technical proposals under two-step
sealed bidding procedures; or
(d) The solicitation is for utility
services for which rates are set by law
or regulation.

3.101–2 Solicitation and acceptance of
gratuities by Government personnel.

[48 FR 42108, Sept. 19, 1983, as amended at 50
FR 1727, Jan. 11, 1985; 50 FR 52429, Dec. 23,
1985; 55 FR 25526, June 21, 1990; 60 FR 34744,
July 3, 1995]

As a rule, no Government employee
may solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan, or anything of monetary value from anyone who (a) has or
is seeking to btain Government business with the employee’s agency, (b)
conducts activities that are regulated
by the employee’s agency, or (c) has interests that may be substantially affected by the performance or nonperformance of the employee’s official
duties. Certain limited exceptions are
authorized in agency regulations.
3.101–3

3.102

3.103–2 Evaluating the certification.
(a) Evaluation guidelines. (1) None of
the following, in and of itself, constitutes disclosure as it is used in subparagraph (a)(2) of the Certificate of
Independent
Price
Determination
(hereafter, the certificate):
(i) The fact that a firm has published
price lists, rates, or tariffs covering
items being acquired by the Government.
(ii) The fact that a firm has informed
prospective customers of proposed or
pending publication of new or revised
price lists for items being acquired by
the Government.
(iii) The fact that a firm has sold the
same items to commercial customers
at the same prices being offered to the
Government.
(2) For the purpose of subparagraph
(b)(2) of the certificate, an individual
may use a blanket authorization to act
as an agent for the person(s) responsible for determining the offered prices
if—
(i) The proposed contract to which
the certificate applies is clearly within
the scope of the authorization; and

Agency regulations.

(a) Agencies are required by Executive Order 11222 of May 8, 1965, and 5
CFR part 735 to prescribe Standards of
Conduct. These agency standards contain—
(1) Agency-authorized exceptions to
3.101–2; and
(2) Disciplinary measures for persons
violating the standards of conduct.
(b) Requirements for employee financial disclosure and restrictions on private employment for former Government employees are in Office of Personnel Management and agency regula-

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