Research and Sponsored Projects Manual (RSP)

Effective: 7/16/1989

Revised: 11/1/2011

RSP 213–03: Procurement Integrity

Purpose

To comply with section 27 of the Office of Federal Procurement Policy Act

Sources

41 United States Code § 423

Federal Acquisition Regulation (FAR) 3.104 1–9

Office for Research and Sponsored Projects Administration (ORSPA)

Applicability

All ASU personnel substantially involved in any federal agency procurement of property or services by contract

Policy

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All Federal Contracts (Part A)

During the conduct of any federal agency procurement of property or services by contract, no officer, employee, representative, agent, or consultant of ASU shall:

1. make, directly or indirectly, any offer or promise of future employment or business opportunity to, or engage, directly or indirectly, in any discussion of future employment or business opportunity with, any procurement official of the federal agency
2. offer, give, or promise to offer or give, directly or indirectly, any money, gratuity, or other thing of value to any procurement official of the federal agency

   or

3. solicit or obtain, directly or indirectly, from any officer or employee of such federal agency, prior to the award of a contract, any proprietary or source selection material information regarding such procurement, except as may be authorized by the federal agency.

A federal agency procurement begins when an authorized agency official determines that a specific agency need or requirement may be satisfied by procurement. This may include, for example, the development of a statement of work.

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Federal Contracts, or Modifications, in Excess of $100,000 (Part B)

Any person acting on behalf of ASU who has substantially participated in a federal agency procurement of property or services shall certify to the Proposal and Negotiations Team (PNT) of the ASU Office for Research and Sponsored Projects Administration that he or she:

1. is familiar with and will comply with Part A of this policy (subsection 27(a) of the Office of Federal Procurement Policy Act)

   and

2. will report immediately to the PNT any information concerning a violation or possible violation of subsections 27(a), (b), (c), or (e) of the Office of Federal Procurement Policy Act as implemented in the Federal Acquisition Regulation (FAR). (See a copy of the act in RSP 213–03A.)

In connection with any ASU bid or offer, or contract modification, the PNT shall at a time prescribed by the Office of Federal Procurement Policy Act certify in writing that, to the best of his or her knowledge and belief, he or she has no information concerning a violation or possible violation of subsections 27(a), (b), (c), or (e) of the Office of Federal Procurement Policy Act as implemented in the FAR; he or she has disclosed any and all such information; and that every person substantially involved has filed a certificate in compliance with subsection 27(d) (1) (B) of the Office of Federal Procurement Policy Act. This certification shall be in the form prescribed by the applicable federal agency.

Exhibit

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RSP 213–03A, Office of Federal Procurement Policy Act

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