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Secretary of Labor Hilda L. Solis
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Content Last Revised: 04/27/2004
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

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Title 48  

Federal Acquisition Regulations System

 

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Chapter 29  

Department of Labor

 

 

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Part 2903  

Improper Business Practices and Personal Conflicts of Interest

 

 

 

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Subpart 2903.6  

Contracts With Government Employees or Organizations Owned or Controlled by Them

48 CFR 2903.602 - Exceptions.

  • Section Number: 2903.602
  • Section Name: Exceptions.
    (a) In accordance with FAR 3.602, only when there is a most 
compelling reason to do so, is the Assistant Secretary for 
Administration and Management authorized to except a contract from the 
policy in FAR 3.601, after the Procurement Review Board and the agency 
ethics official have reviewed and recommended approval of the 
exception. However, when time does not permit, the Assistant Secretary 
for Administration and Management may unilaterally approve an 
exception. The exception and information supporting the exception must 
be provided to the contracting officer for their official records.
    (b) When an exception under this subpart is requested, it is 
submitted through the director of the cognizant program office to the 
HCA. In the procurement request, the director must describe the basis 
for the exception from the restrictions of FAR 3.601.
    (c) Except as allowed in paragraph (a) of this section, the 
Department of Labor may enter into a negotiated contract or an 
amendment to an existing contract

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with former employees of DOL within one year of separation (or with 
firms in which former employees are known to have a substantial 
interest) only after review and recommendation for approval by the 
agency ethics official, the Procurement Review Board, and written 
approval by the Assistant Secretary for Administration and Management.
    (d) Approval of a decision to grant an exception as provided in 
this section must be documented by a written findings and determination 
prepared by the requesting official for signature by the Assistant 
Secretary for Administration and Management. The determination and 
findings must document compliance with FAR 3.603, FAR 9.5 and DOLAR 
2909.5; specify the compelling reason(s) for award; and be placed in 
the contract files and the files of the Policy Review Board.
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