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DoD COR Handbook - U. S. Army Training Support Center

DoD COR Handbook - U. S. Army Training Support Center

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Reporting Gifts<br />

If a gratuity 17 is delivered to a <strong>COR</strong> (e.g., left on the <strong>COR</strong>’s desk or car), the <strong>COR</strong> must<br />

return it. If a contractor insists on giving the <strong>COR</strong> a gratuity, the <strong>COR</strong> must take one of<br />

the following steps:<br />

• Attempt to persuade the contractor to take back the gratuity. Explain to the<br />

contractor your inability to accept gratuities as a <strong>COR</strong> and the repercussions you<br />

could face if you accept the gratuity.<br />

• Pay the fair market value of the item, call contracting, and/or consult the legal<br />

office.<br />

• As a last resort, if the contractor appears to be offended, do the following:<br />

o Accept the gratuity.<br />

o Contact legal counsel immediately.<br />

o Safeguard the gratuity. If necessary, have the finance officer put the<br />

gratuity in a safe and obtain a receipt from the finance officer.<br />

o Turn the gratuity over to counsel.<br />

o Write a memorandum for the record (MFR) that describes the<br />

circumstances and indicates the approximate value of the gratuity. Mention<br />

in the MFR that legal advice was obtained.<br />

o If the gratuity is perishable (e.g., food or flowers), share the gratuity within<br />

the office or dispose of it. Be cautious when consuming food from<br />

unknown sources.<br />

If there is any doubt about whether a gift should or should not be accepted, the <strong>COR</strong><br />

should consult either the ethics advisor or the legal office. If neither is available, contact<br />

the Contracting Officer.<br />

Note: Whenever a contractor delivers a gratuity (leaves the gratuity on the <strong>COR</strong>’s desk,<br />

slides it under the door, etc.), the <strong>COR</strong> must return it. If that is not possible, the <strong>COR</strong><br />

must document the incident and turn over the gratuity to the ethics advisor or legal office<br />

along with his suspicions. The <strong>COR</strong> must play it safe and be safe. Whenever in doubt,<br />

consult your ethics advisor or legal office.<br />

Protecting the Integrity of the Acquisition Process<br />

Private firms must be able to compete for the Government’s business on a scrupulously<br />

fair basis. Fairness is a prerequisite of Government acquisition due to the Government’s<br />

unique position as representatives of the citizens of the United States. Fairness also helps<br />

ensure that the Government will obtain its supplies and services at the best price<br />

available. Government personnel who are associated with the acquisition process have a<br />

17 See FAR 3.203, “Reporting Suspected Violations of the Gratuities Clause”, for reporting procedures.<br />

23

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