48 CFR 3.204 - Treatment of violations.
(a) Before taking any action against a contractor, the agency head or a designee shall determine, after notice and hearing under agency procedures, whether the contractor, its agent, or another representative, under a contract containing the Gratuities clause -
(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and
(2) Intended by the gratuity to obtain a contract or favorable treatment under a contract (intent generally must be inferred).
(b) Agency procedures shall afford the contractor an opportunity to appear with counsel, submit documentary evidence, present witnesses, and confront any person the agency presents. The procedures should be as informal as practicable, consistent with principles of fundamental fairness.
(c) When the agency head or designee determines that a violation has occurred, the Government may -
(1) Terminate the contractor's right to proceed;
(2) Initiate debarment or suspension measures as set forth in subpart 9.4; and
(3) Assess exemplary damages, if the contract uses money appropriated to the Department of Defense.
- 48 CFR 2403.204 — Treatment of Violations.
- 48 CFR 2803.203 — Reporting Suspected Violations of the Gratuities Clause.
- 48 CFR 2803.204 — Treatment of Violations.
- 48 CFR 503.204 — Treatment of Violations.
- 48 CFR 603.204 — Treatment of Violations.
- 48 CFR 803.204 — Treatment of Violations.
- 48 CFR 1403.204 — Treatment of Violations.
- 48 CFR 403.204 — Treatment of Violations.