§ 2803.104-11 - Processing violations or possible violations.

(a) If any certification received by, or signed by, the contracting officer contains any information of a violation, or possible violation of the procurement integrity section of the OFPP Act, the contracting officer shall determine whether the reported violation, or possible violation has any impact on the pending award, or selection of the source thereof. If the contracting officer concludes that there is no impact, the contracting officer shall report the violation, accompanied by the appropriate documentation supporting that conclusion, to the head of the procurement office. With the concurrence of the head of the procurement office, the contracting officer may immediately proceed with award, and the head of the procurement office shall notify the head of the bureau, or his or her designee, of a violation, or possible violation.

(b) The head of the bureau, or his or her designee, receiving a certification describing an actual, or possible violation of the procurement integrity provisions of the OFPP Act, shall review all information available and he or she may make a determination that the prohibitions of section 27 of the Act have not been violated. This signed determination will be sent to the contracting officer for inclusion in the contract file.

(c) If the head of the bureau, or his or her designee, determines that the prohibitions of section 27 of the Act have been violated, he/she shall submit the file to the Procurement Executive with an explanation of his/her intentions to remedy the situation. If the Procurement Executive concurs in the intended actions, a written concurrence will be sent to the head of the bureau or designee. The contracting officer will then be advised, or directed by the head of the bureau, or designee, as to the action to be taken. The types of actions that would normally be taken when a violation has occurred that affected the outcome of a procurement are listed in FAR 3.104-11(d).

(d) If the head of the bureau, or his or her designee, receiving the certification of a violation, or possible violation, determines that award is justified by urgent and compelling circumstances, or is otherwise in the interest of the Government, then he or she may authorize the contracting officer to award the contract after notification to the Procurement Executive.