FAR and DFARS › FAR Part 3: Improper Business Practices and Personal Conflicts of Interest › Subpart 3.3
FAR 3.301 General.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section explains that anticompetitive practices like collusive bidding or sharing the business can lead to excessive prices and may result in criminal, civil, or administrative action. It also requires contracting personnel to watch for signs of unlawful behavior and report suspected antitrust violations to the Attorney General and the agency's debarment office.
Applies to: Contracting personnel and offerors/contractors involved in acquisitions
What it requires
- Report evidence of suspected antitrust violations in accordance with agency regulations
- Refer suspected violations to the Attorney General under 3.303
- Refer suspected violations to the agency office responsible for contractor debarment and suspension under subpart 9.4
Key terms: anticompetitive practices · collusive bidding · follow-the-leader pricing · rotated low bids · sharing of the business
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(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.
Sections it refers to
- 3.303 Reporting suspected antitrust violations.
← 3.204 Treatment of violations. · 3.302 Definitions. →
Rule changes for FAR Part 3
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 3 and 49 ↗ · proposed 2026-06-23 · comments due 2026-07-23
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · final rule 2025-08-27 · effective 2025-10-01
- Federal Acquisition Regulation: Preventing Organizational Conflicts of Interest in Federal Acquisition ↗ · proposed 2025-01-15 · comments due 2025-03-17
- Federal Acquisition Regulation: Controlled Unclassified Information ↗ · proposed 2025-01-15 · comments due 2025-03-17
- Federal Acquisition Regulation: Improving Consistency Between Procurement and Nonprocurement Procedures on Suspension and Debarment ↗ · final rule 2025-01-03 · effective 2025-01-17
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · proposed 2024-11-29 · comments due 2025-01-28
- Federal Acquisition Regulation: Reverse Auction Guidance ↗ · final rule 2024-07-30 · effective 2024-08-29
- Federal Acquisition Regulation: Improving Consistency Between Procurement and Nonprocurement Procedures on Suspension and Debarment ↗ · proposed 2024-01-09 · comments due 2024-03-11
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.