[Title 48 CFR 3503.6]
[Code of Federal Regulations (annual edition) - October 1, 1996 Edition]
[Title 48 - FEDERAL ACQUISITION REGULATIONS SYSTEM]
[Chapter 35 - PANAMA CANAL COMMISSION]
[Subchapter A - GENERAL]
[Part 3503 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST]
[Subpart 3503.6 - Contracts With Government Employees or Organizations]
[From the U.S. Government Publishing Office]




  48
  FEDERAL ACQUISITION REGULATIONS SYSTEM
  8
  1996-10-01
  1996-10-01
  false
  
  3503.6
  Subpart 3503.6
  
    FEDERAL ACQUISITION REGULATIONS SYSTEM
    PANAMA CANAL COMMISSION
    GENERAL
    IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
  


  Subpart 3503.6--Contracts With Government Employees or Organizations 
                       Owned or Controlled by Them



Sec. 3503.600-70  Scope of subpart.

    This subpart implements and supplements FAR subpart 3.6 and sets 
forth Commission policy and procedures for identifying and dealing with 
conflicts of interest and improper influence or

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favoritism in connection with contracts involving current or former 
Commission employees. This subpart does not apply to agreements with 
other departments or agencies of the Federal Government.



Sec. 3503.600-71  Definitions.

    Commission employee means:
    (a) Any officer or employee of the Panama Canal Commission who is 
employed or appointed, with or without compensation, to serve more than 
130 days during any period of 365 consecutive days, or
    (b) Any officer or employee of the Commission who is retained, 
designated, appointed or employed to perform, with or without 
compensation, temporary duties either on a full-time or intermittent 
basis for not more than 130 days during any period of 365 consecutive 
days and who actually served more than 60 days during such 365-day 
period.



Sec. 3503.601  Policy.

    Except as authorized at 3503.602 or excluded at 3503.670, no 
contract shall be awarded without competition to a--
    (a) Former Commission employee (or to a business concern or other 
organization owned or substantially owned or controlled by a former 
Commission employee) whose employment terminated within 365 calendar 
days before submission of an offer to the Commission; or
    (b) Prospective contractor which employs, or proposes to employ, a 
current Commission employee or a former Commission employee whose 
employment terminated within 365 calendar days before submission of an 
offer to the Commission, if either of the following conditions exist:
    (1) The current or former Commission employee is or was involved in 
developing or negotiating the offer for the prospective contractor.
    (2) The current or former Commission employee will be involved 
directly or indirectly in the management, administration, or performance 
of the contract.



Sec. 3503.602  Exceptions.

    (a) The Director, Office of Executive Administration in his capacity 
as the Designated Agency Ethics Official may authorize an exception, in 
writing, to the policy in FAR 3.601 and 3503.601 for the reasons stated 
in FAR 3.602, if the exception would not involve a violation of 18 
U.S.C. 203, 18 U.S.C. 205, 18 U.S.C. 207, 18 U.S.C. 208, section 27 of 
the Office of Federal Procurement Policy Act, or Commission regulations 
in the ``Employee Code of Conduct''. The Director, Office of Executive 
Administration shall consult with the cognizant Bureau or Staff Director 
who originated the request and with the General Counsel before 
authorizing any exceptions.
    (b) This subpart does not apply to subcontracts, that is, agreements 
to undertake part of the work as an independent contractor. However, 
where subcontracts essentially create an ``employer-employee'' 
relationship between the Commission and the subcontractors, the subpart 
shall apply. In determining whether such a relationship exists, the 
contracting officer shall generally be guided by the standards of 
Chapter 304, Subchapter 1-4 of the ``Federal Personnel Manual'' in 
distinguishing between employees and independent contractors.



Sec. 3503.603  Responsibilities of the contracting officer.

    Before awarding a contract, the contracting officer shall obtain an 
authorization under 3503.602 for any of the reasons stated in FAR 3.603.



Sec. 3503.670  Exclusions.

    Former or current Commission employees who participated personally 
and substantially in the conduct of any Commission procurement of 
supplies or services, including those who were responsible for reviewing 
and approving the award, modification, or extension of any contract for 
such procurement, are excluded from the 365 calendar day ``before 
submission of an offer'' time period specified in 3503.601 (a) and (b). 
Instead, the time period for such employees shall be two years after the 
last date the employee participated personally and substantially in the 
conduct of any Commission procurement of supplies or services, or 
personally reviewed and approved the award, modification, or extension 
of any contract for such procurement. This two-

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year prohibition applies irrespective of whether the contract being 
sought is on a competitive or noncompetitive basis.