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Office of Acquisition and Logistics (OAL)

 

Part 803 - Improper Business Practices and Personal Conflicts of Interest

Part 801—Department of Veterans Affairs Acquisition Regulation System Part 802—Definitions of words and terms Part 803—Improper business practices and personal conflicts of interest Part 804—Administrative and information matters Part 806—Competition requirements Part 808—Required sources of supplies and services Part 809—Contractor qualifications Part 810—Market Research Part 811—Describing agency needs Part 812—Acquisition of Commercial Products and Commercial Services Part 813—Simplified acquisition procedures Part 814—Sealed bidding Part 815—Contracting by negotiation Part 816—Types of contracts Part 817—Special contracting methods Part 819—Small business programs Part 822—Application of labor laws to Government acquisitions Part 823—Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace Part 824—Protection of privacy and freedom of information Part 826—Other Socioeconomic Programs Part 827—Patents, Data, and Copyrights Part 828—Bonds and insurance Part 829—Taxes Part 831—Contract cost principles and procedures Part 832—Contract financing Part 833—Protests, disputes, and appeals Part 835—Research and Development Contracting Part 836—Construction and architect-engineer contracts Part 837—Service contracting Part 839—Acquisition of Information Technology Part 841—Acquisition of utility services Part 842—Contract administration and audit services Part 843—Contract Modifications Part 844—Subcontracting Policies and Procedures Part 845—Government Property Part 846—Quality assurance Part 847—Transportation Part 849—Termination of contracts Part 852—Solicitation provisions and contract clauses Part 853—Forms Part 871—Vocational rehabilitation and employment programs Part 873—Simplified procedures for health-care resources
 
Sec. Title
Subpart 803.1—[Reserved]
Subpart 803.2—Contractor Gratuities to Government Personnel
803.203 Reporting suspected violations of the Gratuities clause.
803.204 Treatment of violations.
Subparts 803.3 and 803.4—[Reserved]
Subpart 803.5—Other Improper Business Practices
803.570 Commercial advertising.
803.570-1 Policy.
803.570-2 Contract clause.
Subpart 803.7—Voiding and Rescinding Contracts
803.705 Procedures.
Subpart 803.8—[Reserved]
Subpart 803.11—Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions
803.1103 Procedures.
Subpart 803.70—[Reserved]

AUTHORITY:  40 U.S.C. 121(c); 41 U.S.C. 1121(c)(3); 41 U.S.C. 1702; and 48 CFR 1.301-1.304.

Subpart 803.1 - [Reserved]

Subpart 803.2 - Contractor Gratuities to Government Personnel

803.203  Reporting suspected violations of the Gratuities clause.

(a) Any VA employee must report a suspected violation of the Gratuities clause to the contracting officer or a higher level VA official.

(b) The report must identify the contractor and the personnel involved, provide a summary of the pertinent evidence and circumstances that indicate a violation, and include any other available supporting documentation.

(c) The contracting officer or higher level official must supplement the file with appropriate information and promptly forward the report to the DSPE, with copies to the VA Office of the Inspector General and the Assistant Secretary for Management.

803.204  Treatment of violations.

In providing the notice and hearing required by FAR 3.204, the following applies—

(a) The SDO shall determine whether or not a violation of the Gratuities clause, 52.203-3 has occurred and what action will be taken under FAR 3.204(c),

(c) When the SDO determines that a violation has occurred and that debarment is being considered, he or she shall follow procedures at 809.406-3.

Subparts 803.3 and 803.4 - [Reserved]

Subpart 803.5 - Other Improper Business Practices

803.570  Commercial advertising.

803.570-1  Policy.

VA policy prohibits contractors from making references in its commercial advertising to VA contracts in a manner that states or implies the Government approves or endorses the product or service or considers it superior to other products or services.  The intent of this policy is to preclude the appearance of bias toward any product or service.

803.570-2  Contract clause.

The contracting officer shall insert the clause at 852.203-70, Commercial advertising, in solicitations and contracts expected to equal or exceed the micro-purchase threshold.

Subpart 803.6 - [Reserved]

[Deviation per Class Deviation from VAAR parts 803, 819, 827, 847, and 849 Regarding Certified Mail Receipt Requested and Mail Requirements, dated September 28, 2020, provides an exception to certified mail receipt requested and mail requirements. This deviation expires once incorporated into the VAAR or is otherwise rescinded.]

Subpart 803.7 - Voiding and Rescinding Contracts

803.705  Procedures.

(c) Decision-making process.

(1) The notice shall be sent by certified mail, return receipt requested, or by any other method that provides evidence of receipt.

(e) Final agency decision. The notice of the decision shall be sent promptly by certified mail, return receipt requested, or by any other method that provides evidence of receipt.

Subpart 803.8 - [Reserved]

Subpart 803.11 - Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions

803.1103  Procedures.

(a) By use of the contract clause at 52.203-16, Preventing Personal Conflicts of Interest, the contracting officer shall require each contractor and subcontractor of any tier whose employees perform acquisition functions closely associated with inherently governmental functions to obtain from each covered employee a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.  See FAR 3.1103(a)(2)(iii).

Subpart 803.70 - [Reserved]

 
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