FAR 3.1105—Violations.
Plain-English Summary
FAR 3.1105 addresses what happens when a contracting officer suspects that a contractor has violated certain requirements of the clause at 52.203-16, Preventing Personal Conflicts of Interest. Specifically, it covers suspected violations of paragraph (b), paragraph (c)(3), or paragraph (d) of that clause and directs the contracting officer to seek advice from agency legal counsel. The section exists to ensure that potential personal conflict-of-interest issues are handled consistently, carefully, and with legal oversight rather than by ad hoc contracting action. In practice, this means the contracting officer does not independently decide the final response to a suspected violation; instead, the matter is elevated for legal review and recommended action. The provision is narrow but important because personal conflicts of interest can affect contractor employee objectivity, integrity of procurement support, and the fairness of federal decision-making. It helps protect the Government by ensuring suspected violations are evaluated promptly and through the proper internal channels.
Key Rules
Suspected violations trigger review
If the contracting officer suspects the contractor has violated one of the specified requirements in 52.203-16, the issue must be treated as a potential compliance problem requiring further action. The rule applies only to suspected violations of paragraph (b), (c)(3), or (d), not every possible issue under the clause.
Legal counsel must be contacted
The contracting officer shall contact agency legal counsel for advice and/or recommendations. This is a mandatory step, not an optional best practice, and it ensures the matter is reviewed by attorneys familiar with ethics, conflicts, and contract remedies.
No unilateral resolution by CO
The section does not authorize the contracting officer to resolve the suspected violation alone. Any course of action should be informed by legal counsel’s advice, which may include steps such as investigation, mitigation, cure, or other contract administration measures.
Scope limited to specific clause paragraphs
The rule is limited to violations of paragraph (b), (c)(3), or (d) of the Preventing Personal Conflicts of Interest clause. That limitation matters because the contracting officer should focus the referral on the exact contractual requirement believed to be at issue.
Responsibilities
Contracting Officer
Monitor contractor performance for possible violations of the specified personal conflict-of-interest requirements, and when a violation is suspected, promptly contact agency legal counsel for advice and recommended action. The contracting officer should document the concern and follow the counsel provided.
Agency Legal Counsel
Review the suspected violation, advise the contracting officer on legal and contractual implications, and recommend an appropriate course of action. Counsel may help determine whether further inquiry, corrective action, or other remedies are warranted.
Contractor
Comply with the requirements of 52.203-16, including the specific paragraphs referenced in this section, and address any suspected violation raised by the Government. The contractor may need to investigate internally, correct the issue, and cooperate with any follow-up directed through the contracting process.
Practical Implications
This section is a referral rule, so the main day-to-day effect is that contracting officers must escalate suspected personal conflict issues quickly instead of trying to handle them informally.
A common pitfall is treating a suspicion as too minor to report; even a preliminary concern should be brought to legal counsel if it involves the specified clause requirements.
Another risk is misidentifying the clause paragraph at issue. The contracting officer should confirm whether the concern falls under paragraph (b), (c)(3), or (d) before taking action.
Contractors should expect that allegations or indicators of personal conflicts may lead to legal review and possible corrective measures, so internal ethics controls and disclosure processes matter.
Because the rule requires advice and/or recommendations from legal counsel, the practical response may vary by agency and facts, but the contracting officer should not delay escalation once a concern arises.
Official Regulatory Text
If the contracting officer suspects violation by the contractor of a requirement of paragraph (b), (c)(3), or (d) of the clause at 52.203-16 , Preventing Personal Conflicts of Interest, the contracting officer shall contact the agency legal counsel for advice and/or recommendations on a course of action.