Overview
This section establishes the mandatory procedural steps a Contracting Officer (CO) must take when they suspect a contractor has failed to comply with Personal Conflict of Interest (PCI) requirements. It centralizes the decision-making process by requiring legal consultation before taking administrative action.
Key Rules
- Mandatory Consultation: If a violation is suspected, the CO "shall" contact agency legal counsel; it is a required action, not a discretionary one.
- Scope of Violations: The rule specifically applies to suspected breaches of FAR 52.203-16 regarding:
- Paragraph (b): Requirements to screen employees and prevent PCIs.
- Paragraph (c)(3): Requirements to report any contractor employee violations to the CO.
- Paragraph (d): Requirements for remediation and subcontract flow-down.
- Objective: The goal of the contact is to receive formal advice and recommendations on the appropriate legal or administrative course of action.
Practical Implications
- Legal Oversight: Contracting Officers are not permitted to adjudicate suspected PCI violations in isolation; they must involve agency lawyers to mitigate risks of litigation or improper enforcement.
- Compliance Risk: Contractors found in violation may face serious consequences ranging from contract termination to debarment, making the CO's initial consultation with counsel a critical step in the enforcement chain.