FAR 3.806—Processing suspected violations.
Plain-English Summary
FAR 3.806 is a short but important procedural rule about how suspected violations of 31 U.S.C. 1352, the federal anti-lobbying statute, are handled once they come to the attention of the contracting officer. It covers the contracting officer’s duty to report suspected violations, the fact that the reporting must follow agency-specific procedures, and the practical link between procurement activity and enforcement of restrictions on using appropriated funds for lobbying-related activities. In practice, this section does not define what a violation is or prescribe the investigative process itself; instead, it directs the contracting officer to escalate concerns through the agency’s established channels so the matter can be reviewed, documented, and, if necessary, referred for further action. Its purpose is to ensure suspected anti-lobbying violations are not ignored or handled ad hoc, and to promote consistent internal reporting across the federal acquisition system. For contractors and contracting personnel, the key significance is that any indication of prohibited lobbying activity tied to federal funds or contract actions must be promptly reported according to agency procedures, rather than informally resolved at the contracting office level.
Key Rules
Report suspected violations
If the contracting officer suspects a violation of 31 U.S.C. 1352, the officer must report it. The rule is mandatory and applies whenever the contracting officer has a reasonable basis to believe the anti-lobbying requirements may have been violated.
Follow agency procedures
The report must be made in accordance with the agency’s own procedures. FAR 3.806 does not create a separate reporting process; it requires the contracting officer to use the reporting channels, formats, and escalation steps established by the agency.
Applies to anti-lobbying requirements
The section is specifically tied to suspected violations of 31 U.S.C. 1352, which restricts the use of appropriated funds for certain lobbying activities. The rule is about processing suspected violations, not defining the underlying statutory prohibition.
Responsibilities
Contracting Officer
Identify suspected violations of 31 U.S.C. 1352 and report them promptly through the agency’s prescribed procedures. The contracting officer must not ignore, minimize, or handle the matter informally outside the agency reporting chain.
Agency
Maintain procedures for receiving and processing suspected violations, including internal reporting channels and any required follow-up actions. The agency is responsible for ensuring the contracting officer has a clear process to use.
Contractor
Although not assigned a direct duty in this sentence, the contractor must be aware that conduct raising anti-lobbying concerns may be reported by the contracting officer and may trigger agency review or further inquiry.
Practical Implications
This is a reporting rule, so the main day-to-day effect is escalation: if a contracting officer sees a possible anti-lobbying issue, it must be routed through the agency process rather than handled casually.
A common pitfall is assuming the contracting officer should investigate and resolve the matter alone; FAR 3.806 instead points the officer to agency procedures for processing the suspected violation.
Another risk is failing to recognize that the rule is tied to 31 U.S.C. 1352, so staff should know the basics of prohibited lobbying-related use of appropriated funds and when a concern should be reported.
Contractors should expect that questionable lobbying-related communications, certifications, or funding use may be documented and referred internally, even if no final violation is established.
Because the section is brief, agencies’ internal procedures matter a great deal in practice; contracting personnel should know where to report, what information to include, and whether any immediate notification deadlines apply.
Official Regulatory Text
The contracting officer shall report suspected violations of the requirements of 31 U.S.C.1352 in accordance with agency procedures.