My concern is one of liability over proposed section 3.1103(b).
“The Councils have proposed the following general guidelines for the contracting officer to follow, upon receipt of a contractor report of a personal conflict-of-interest violation:
(i) Review the actions taken by the contractor;
(ii) Decide whether the contractor has resolved the violation satisfactorily; and
(iii) Take any other appropriate action in consultation with agency legal counsel or an agency ethics official.”
In the event of a violation, what will happen if the company’s disciplinary action that conforms to both Federal and State legal requirements is not accepted by the Federal Government during a Section 3.1103(b) review and the Federal Government’s proposed alternative disciplinary action is at variance with State laws. Clearly the company will be sued. Will the Federal Government then become a party to the suit for imposing the stricter alternative disciplinary action?
Comment on FR Doc # E9-27309
This is comment on Proposed Rule
Federal Acquisition Regulation; FAR Case 2008-025, Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions
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