Federal Acquisition Regulation Part 3: Improper Business Practices and Personal Conflicts of Interest--FAR sections affected: 52.203-2, 52.203-7, 52.203-13, and 52.203-16

This clearance covers the information that offerors and contractors must submit to comply with the following FAR part 3 requirements: ● FAR 52.203-2, Certificate of Independent Price Determination. This provision requires offerors to include with their offer a certification that their prices have been arrived at independently, have not been or will not be knowingly disclosed, and have not been submitted for the purpose of restricting competition. ● FAR 52.203-7, Anti-Kickback Procedures. This clause requires contractors to report in writing to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General possible violations of 41 U.S.C. Chapter 87, Kickbacks. The clause also requires the contractor to notify the contracting officer when monies are withheld from sums owed a subcontractor under the prime contract, when the contracting officer has directed the prime contractor to do so to offset the amount of a kickback. ● FAR 52.203-13, Contractor Code of Business Ethics and Conduct. This clause requires contractors and subcontractors to report to the agency Office of the Inspector General when the contractor has credible evidence that a principal, employee, agent, or subcontractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C., or a violation of the Civil False Claims Act (31 U.S.C. 3729-3733). ● FAR 52.203-16, Preventing Personal Conflicts of Interest. This clause requires contractors and subcontractors to obtain and maintain from each employee a disclosure of interests that might be affected by the task to which the employee has been assigned under the contract. Contractors and subcontractors must report to the contracting officer any personal conflict of interest violation by an employee and the proposed corrective/follow-up actions to be taken. In exceptional circumstances, the contractor may request the head of the contracting activity approve a plan to mitigate a personal conflict of interest or waive the requirement to prevent personal conflicts of interest.

The latest form for Federal Acquisition Regulation Part 3: Improper Business Practices and Personal Conflicts of Interest--FAR sections affected: 52.203-2, 52.203-7, 52.203-13, and 52.203-16 expires 2027-05-31 and can be found here.

Certificate of Independent Price Determination

Federal Enterprise Architecture: Supply Chain Management - Goods Acquisition