Shared Flashcard Set

Details

FAR Part 3
Improper Business Practices and Personal Conflicts of Interest
12
Law
Professional
06/07/2011

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Cards

Term
Acceptance of a gift, favor, entertainment, loan or anything of monetary value by a Government employee (directly, or indirectly)from anyone seeking to obtain Government business.
Definition
Conflict of Interest
Term
What Act covers bribes, post-employment restrictions, and concerns obtaining or disclosing proprietary information?
Definition
Office of Federal Procurement Policy Act (41 U.S.C. 423)
Term
Any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a government contract (does not apply to commercial items under SAT)
Definition
Contingent Fees (FAR 3.4)
Term
Contractor arrangements to pay __________ fees for soliciting or obtaining Government contracts.
Definition
Contingent

Note: These fees have long been considered contrary to public policy because it may lead to attempted or actual exercise of improper influence. Exceptions include fee arrangements between contractors and bonafide employees or agencies.
Term
Submitting an offer below anticipated costs, expecting to: 1. Increase contract amount after award, and 2. Receive follow-on contracts at artificially high prices to recover losses.
Definition
Buying-In
Term
Any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind that is provided, directly or indirectly, to any prime contractor, contractor employee, or subcontractor for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract.
Definition
Kickback
Term
What Act was passed to deter subcontractors from making payments, and contractor from accepting payments,for the purpose of improperly obtaining or rewarding favorable treatment in connection to award of a Government subcontract?
Definition
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58)

Note: Does not apply to commercial items or contracts under the SAT.
Term
What clause is added to all contracts to deter Gratuities?
Definition
52.203-3 Gratuities

Note: Applies to contracts over the SAT.
Term
Wages, salaries, honoraria, commissions, professional fees, and any other form om payment, provided directly or indirectly.
Definition
Compensation
Term
Any of the following information submitted to a Federal agency as part of a bid or proposal that has not been previously made available to public, including: 1. Cost or pricing data, 2. Indirect costs and direct labor rates
Definition
Contractor Bid and Proposal Information
Term
Active and significant involvement of any official in any of the following activities directly related to a procurement: 1. Drafting, reviewing, or approving a specification or SOW, 2. Preparing or developing the solicitation, 3. Evaluating bids or proposals, 4. Negotiating pricing or terms, 5. Reviewing or approving the award
Definition
Participating Personally and Substantially in a Federal Procurement
Term
What FAR section is often quoted at the bottom of Business Clearances to protect Business Sensitive information from disclosure?
Definition
FAR 3.104-4 Disclosure, protection, and marking of contractor bid or proposal information
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