Overview
This section mandates that agency personnel report any suspected violations of the Gratuities clause and requires agencies to establish and publish clear internal procedures for processing these reports.
Key Rules
- Mandatory Reporting: Agency personnel are required to report suspected violations to the Contracting Officer or a designated official.
- Procedural Requirements: Agencies must publish specific implementation procedures that detail the reporting process.
- Standardized Content: Agency procedures must explicitly define:
- The specific information required in a report and the method of submission.
- The formal channels/hierarchy through which the report must flow.
- The specific functions and legal authority of each official involved in the review process.
Practical Implications
- Government employees have no discretion regarding suspected violations; they are legally obligated to initiate a report, which can trigger formal investigations and potential debarment proceedings for contractors.
- Because specific protocols vary by department, contractors and federal staff must consult agency-specific supplements (such as the DFARS or GSAM) to understand the exact administrative path a report will take.