Business practices.

Federal Acquisition Regulations System 3 2023-10-01 2023-10-01 false Business practices. 203.170 Section 203.170 Federal Acquisition Regulations System DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE GENERAL IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST Safeguards 203.170 Business practices. To ensure the separation of functions for oversight, source selection, contract negotiation, and contract award, departments and agencies shall adhere to the following best practice policies: (a) Senior leaders shall not perform multiple roles in source selection for a major weapon system or major service acquisition. (b) Vacant acquisition positions shall be filled on an “acting” basis from below until a permanent appointment is made. To provide promising professionals an opportunity to gain experience by temporarily filling higher positions, these oversight duties shall not be accrued at the top. (c) Acquisition process reviews of the military departments shall be conducted to assess and improve acquisition and management processes, roles, and structures. The scope of the reviews should include— (1) Distribution of acquisition roles and responsibilities among personnel; (2) Processes for reporting concerns about unusual or inappropriate actions; and (3) Application of DoD Instruction 5000.2, Operation of the Defense Acquisition System, and the disciplines in the Defense Acquisition Guidebook. (d) Source selection processes shall be— (1) Reviewed and approved by cognizant organizations responsible for oversight; (2) Documented by the head of the contracting activity or at the agency level; and (3) Periodically reviewed by outside officials independent of that office or agency. (e) Legal review of documentation of major acquisition system source selection shall be conducted prior to contract award, including the supporting documentation of the source selection evaluation board, source selection advisory council, and source selection authority. (f) Procurement management reviews shall determine whether clearance threshold authorities are clear and that independent review is provided for acquisitions exceeding the simplified acquisition threshold. [72 FR 20757, Apr. 26, 2007, as amended at 74 FR 2408, Jan. 15, 2009; 79 FR 73488, Dec. 11, 2014]