Federal Acquisition Regulation

Federal Acquisition Regulation
Federal Acquisition Regulation

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Federal Acquisition Regulation

The Federal Acquisition Regulation can be termed as the primary regulation that can be utilized by all Federal Executive branches in their procurement of provisions and services with the appropriated finances. It was dispensed within suitable laws that fall below the shared authorities of the Administrator of General Services, the Secretary of Defense, and the Administrator for the National Aeronautics and Space Administration.

The third part of the FAR is one that focuses on inappropriate business activities and individual struggles of interest. In this case, this part lays down policies and processes that can be used to avoid any unfair business practices. Furthermore, it has proved quite efficient in doing away with individual conflicts of concern and dealing with any impending or real occurrence.

One of the primary objectives that this policy aims at driving is making sure that government business is carried out in a way that is beyond criticism, with total independence, and without any privileged handling. The overall rule, in this case, is that there should be avoidance of any engagement of interest or emergence of a clash of interest in Government-contractor relations.

Federal Acquisition Regulation

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Whereas most federal rules and protocols put limitations on the activities that administration workers take part in, their authorized demeanor should be in such a manner that they do not have any fear of fully and publically exposing their actions. However, in this case, there will be an in-depth look at contractor code of morals and conduct.

This particular part is one that lays the foundation for the implementation of 41 U.S.C. 3509, which is the Notification of Violations of Federal Criminal Law or overcompensation (Federal Government, 2018). On the other hand, it also recommends strategies and processes for the foundation of service provider codes of business ethics and conduct and the exhibition of agency Office of Inspector General (OIG) deceit hotline notices.

Under this subpart, a subcontract is used as a term that refers to each agreement gotten into by a subcontractor to provide materials or amenities that are used to perform a vital contract or subcontract. A subcontractor, on the other hand, is used as a term that refers to any supplier, wholesaler, retailer, or company that provides materials or service for or to a significant service provider or another subcontractor (Federal Government, 2018).

Federal Acquisition Regulation

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Policy

This subpart also presents a policy that is required to be adhered to. Under this, one of the significant stipulations is that government contractors should make sure that they can conduct themselves in a manner that depicts the premier grade of honesty and openness or trustworthiness (Federal Government, 2018). The second stipulation is that suppliers should possess a well laid down code of business ethics and conduct.

To vouch for acquiescence with such code of ethics and conduct, service providers are expected to conduct a working professional ethics and agreement training program and in-house regulation systems. Such are anticipated to be suitable for the scope of the business and level of its participation in contracting with the Government.

It is also expected to provide accurate detection and admission of any inappropriate conduct concerning government contracts. The other anticipation of the implementation of such a policy is that it would go a long way in making sure that the remedial actions are punctually introduced and executed (Federal Government, 2018).

Federal Acquisition Regulation

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Requirements

The other aspect that falls under the subpart of service provider code of ethics and conduct is the requirements. One of these is the contractor requirements. Under this, one of the significant stipulations is that despite the fact that policies apply as a source of direction to all government suppliers, the contractual obligations in the clause of contractor code of business ethics and behavior, and exhibition of Hotline poster(s) are necessary if the agreements are subjective to the particular clause prescriptions contained in the contract clauses.

The other element under the contractor requirements is that whether or not the provision of Display of Hotline Poster is applicable or not, a contractor may be faced with suspension for recognizing letdown by a principle to aptly reveal to the administration award, enactment, or closeout of a Government agreement executed by the supplier or subcontractor (Federal Government, 2018).

Federal Acquisition Regulation

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The third part under service provider requirements indicates that the compensation clause demonstrates that where the servicer is on the knowledge that the administration has overcompensated on an agreement bankrolling or invoice payments; the contractor is called upon to submit the overpaid sum to the administration. Also, a supplier may be suspended or disqualified for identifying letdown by a principle to reveal proof of a substantial overcompensation promptly.

The other requirement is the notification of eminent contractor violation. This is where if the contracting official is informed about a possible defilement of Federal criminal law that involves deception, enticement or perquisite abuses, the officer is required to raise the matter with the agency Office of the Inspector General or take appropriate action that is per procedures laid out by the agency. The other requirement is that of fraud hotline poster.

Under this, the agency OIGs are put in charge of defining the requirements for, and gratification of their agency posters. Besides, when called upon by the Department of Homeland Security, agencies are required to make sure that contracts facilitated financially with catastrophe help funds need to exhibit any fraud hotline poster that applies to that precise contract (Federal Government, 2018). Such signs can be put in a display alongside the regular poster of the agency.

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Contract Clauses

The fourth element of the code of ethics and conduct is the contract clauses. One of the provisions is that there should be the inclusion of Servicer code of business ethics and conduct in solicitations and agreements where the worth is more than $5.5 million and exceeds the execution time of 120 days. The second clause is that unless the agreement entails attainment of a money-making product or will be executed beyond the borders of the United States; there should be the inclusion of the Display of Hotline Poster(s) where the contract goes above the $5.5 million or a smaller amount that is put forth by the agency (Federal Government, 2018).

Moreover, the contracting officer is expected to recognize any applicable posters and include the links to websites or additional contract info for acquiring the agency or Department of Homeland Security poster. Furthermore, where the agency has put in place policies and strategies for the exhibition of the OIG scam hotline notice at a reduced sum, the contracting officer is expected to switch the amount of $5.5 million with a reduced total that the agency has put in place (Federal Government, 2018).

In conclusion, it is critical to note that indeed, the United States government is dedicated to ensuring that there are ethical practices when it comes to business practices. Through the laws and regulations laid under the Federal Acquisition Regulations, contractors, the government, subcontractors and other stakeholders are held in the account of the actions that they engage in.

This ensures that there is a balance in operations and that the right contractors and subcontractors are assigned the different contracts ethically. Without such policies and procedures in place, it would be difficult for maximum effectiveness in the various government processes.   

References

Federal Government. (2018, March 15). Contractor Code of Business Ethics and Conduct. Retrieved from http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/03.htm#P629_106750

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