(a)(1) When the contracting officer concludes there is no impact, with the concurrence of the chief of the contracting office and local counsel, the contracting officer may proceed with award.
(b) Local counsel shall recommend the action to be taken.
(d)(2) If the contracting officer concludes that profit on the contract or modification involved should be recaptured in accordance with the clause at FAR 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity, or that the contract should be voided or rescinded in accordance with FAR 3.104-10(d)(2)(ii) and 3.705, he or she shall prepare a report documenting the facts giving rise to the conclusion that a violation of the Act has occurred. That report shall be prepared in consultation with local counsel and include the contracting officer's recommendation for the action to be taken. When profit recapture is recommended, the contracting officer will recommend an amount to be recaptured. When recision or voiding of the contract(s) is recommended, the contracting officer will estimate the value of the tangible benefits received and retained under the contract(s) in question. The report shall be forwarded to the General Counsel, for action.
(f) Notification shall be submitted directly to the Director, DLA by letter signed by the Commander/Director 0f the supply chain.
(g) The designee of the HCA for DNSC, DAPS and DES, for which the Director, Acquisition Management, (J-7) , serves as HCA are the Administrator, DNSC, the Director, DAPS and the DES: Staff Director, HQC Operations.
