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Federal Acquisition Regulation (FAR) - Antitrust Violators


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GSA has the authority to contract for concessions in federally owned and leased space in order to meet the needs of the federal tenants in that space and also to contract directly with local telecommunications companies for public pay phones. GSA also has certain authorities to grant outleases, licenses, or permits to the private sector for use of federally owned or leased space.

Federal Acquisition Regulation (FAR) Reports of Suspected Antitrust Violations

3.301 General.

( a ) Practices that eliminate competition or restrain trade usually lead to excessive prices and may warrant criminal, civil, or administrative action against the participants. Examples of anticompetitive practices are collusive bidding, follow-the-leader pricing, rotated low bids, collusive price estimating systems, and sharing of the business.

( b ) Contracting personnel are an important potential source of investigative leads for antitrust enforcement and should therefore be sensitive to indications of unlawful behavior by offerors and contractors. Agency personnel shall report, in accordance with agency regulations, evidence of suspected antitrust violations in acquisitions for possible referral to

( 1 ) The Attorney General under 3.303; and

( 2 ) The agency office responsible for contractor debarment and suspension under Subpart 9.4.

9.402 Policy.

( a ) Agencies shall solicit offers from, award contracts to, and consent to subcontracts with responsible contractors only. Debarment and suspension are discretionary actions that, taken in accordance with this subpart, are appropriate means to effectuate this policy.

( b ) The serious nature of debarment and suspension requires that these sanctions be imposed only in the public interest for the Government’s protection and not for purposes of punishment. Agencies shall impose debarment or suspension to protect the Government’s interest and only for the causes and in accordance with the procedures set forth in this subpart.

( c ) Agencies are encouraged to establish methods and procedures for coordinating their debarment or suspension actions.

Outleasing is GSA’s method of leasing to the private sector or state or local government entities GSA-owned or leased space for which there is no immediate need by the Federal community. GSA offers for lease retail, office and warehouse space, and rooftops (generally to wireless telecommunications carriers), as well as short-term licenses for film productions, photography shoots and special events.

Using one of the several outlease authorities available to the agency, GSA can lease space for up to 20 years. A negotiated lease method is used, rates are market based, and procedures are similar to those of the private real estate sector. Interested parties can see current vacancies or contact the GSA Outlease Program by visiting the GSA Outlease Vacancy Listing page.

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