§ 2803.203-70 - Agency reporting procedures.

(a) DOJ personnel shall report suspected violations of the Gratuities clause (FAR 52.203-3) to the contracting officer or chief of the contracting activity in writing. The report shall clearly state the circumstances surrounding the incident, including the nature of the gratuity, the behavior or action the gratuity was to influence, and the persons involved. The Contracting officer, after review, shall forward the report along with his or her recommendations regarding the treatment of the violation in accordance with FAR 3.204(c) to the head of the contracting activity or his designee.

(b) The head of contracting activity or his designee shall determine whether adverse action against the contractor in accordance with FAR 3.204(c) should be taken. In reaching a decision, the head of the contracting activity or designee shall consult with contracting activities legal advisor or other official in the Department. Prior to taking any action against the contractor the head of the contracting activity or designee shall allow the contractor the opportunity to present opposing arguments in accordance with FAR 3.204.

(c) If the report of the suspected violation alleges that a gratuity was not only offered but also accepted by a Department employee, a copy of the report shall be forwarded by the head of the contracting activity or designee to the DOJ Office of Professional Responsibility (see 28 CFR 0.39).