Government employees dating contractors

Posted by / 06-Feb-2020 06:46

“Federal agency procurement” means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. (4) The value of a delivery order, task order, or an order under a Basic Ordering Agreement; (5) The amount paid or to be paid in settlement of a claim; or (6) The estimated monetary value of negotiated overhead or other rates when applied to the Government portion of the applicable allocation base. While a series of peripheral involvements may be insubstantial, the single act of approving or participating in a critical step may be substantial. 7353, and 5 CFR Part 2635; (2) Contacts with an offeror during the conduct of an acquisition may constitute “seeking employment,” (see Subpart F of 5 CFR Part 2635 and (c)(2)). 208 and 5 CFR part 2635 from participating personally and substantially in any particular matter that would affect the financial interests of any person from whom the employee is seeking employment. (a) Except as specifically provided for in this subsection, no person or other entity may disclose contractor bid or proposal information or source selection information to any person other than a person authorized, in accordance with applicable agency regulations or procedures, by agency head or the contracting officer to receive such information.

For broad agency announcements and small business innovation research programs, each proposal received by an agency constitutes a separate procurement for purposes of 41 U. However, the review of procurement documents solely to determine compliance with regulatory, administrative, or budgetary procedures, does not constitute substantial participation in a procurement. The acceptance of a gift, under certain circumstances, is prohibited by 5 U. Government officers and employees (employees) are prohibited by 18 U. An employee who engages in negotiations or is otherwise seeking employment with an offeror or who has an arrangement concerning future employment with an offeror must comply with the applicable disqualification requirements of .6.606. (b) Contractor bid or proposal information and source selection information must be protected from unauthorized disclosure in accordance with , should consult with agency officials as necessary.

(1) Advise the contracting officer to continue with the procurement; (2) Begin an investigation; (3) Refer the information disclosed to appropriate criminal investigative agencies; (4) Conclude that a violation occurred; or (5) Recommend that the agency head determine that the contractor, or someone acting for the contractor, has engaged in conduct constituting an offense punishable under 41 U. (c) Before concluding that an offeror, contractor, or person has violated 41 U. This subpart applies to all executive agencies, except that coverage concerning exemplary damages applies only to the Department of Defense (10 U. (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. 2305(b)(9) to report to the Attorney General any bids or proposals that evidence a violation of the antitrust laws.

“Source selection evaluation board” means any board, team, council, or other group that evaluates bids or proposals. (b) Agency officials are reminded that there are other statutes and regulations that deal with the same or related prohibited conduct, for example -- (1) The offer or acceptance of a bribe or gratuity is prohibited by 18 U. (1) The withholding of any information pursuant to a proper request from the Congress, any committee or subcommittee thereof, a Federal agency, the Comptroller General, or an Inspector General of a Federal agency, except as otherwise authorized by law or regulation. chapter 21; (2) The withholding of information from, or restricting its receipt by, the Comptroller General in the course of a protest against the award or proposed award of a Federal agency procurement contract; (3) The release of information after award of a contract or cancellation of a procurement if such information is contractor bid or proposal information or source selection information which pertains to another procurement; or (4) The disclosure, solicitation, or receipt of bid or proposal information or source selection information after award if disclosure, solicitation, or receipt is prohibited by law.

Any release containing contractor bid or proposal information or source selection information must clearly identify the information as contractor bid or proposal information or source selection information related to the conduct of a Federal agency procurement and notify the recipient that the disclosure of the information is restricted by 41 U. (See (a) Contacts through agents or other intermediaries.

If the determination is positive, the bid or proposal shall be rejected; if it is negative, the bid or proposal shall be considered for award. (iv) Negotiating price or terms and conditions of the contract.

(FAC 2005-95) (19 January2017) This part prescribes policies and procedures for avoiding improper business practices and personal conflicts of interest and for dealing with their apparent or actual occurrence.

Government business shall be conducted in a manner above reproach and, except as authorized by statute or regulation, with complete impartiality and with preferential treatment for none.

(b) The request for an advisory opinion must be in writing, include all relevant information reasonably available to the official or former official, and be dated and signed. (d) (1) If complete information is not included in the request, the agency ethics official may ask the requester to provide more information or request information from other persons, including the source selection authority, the contracting officer, or the requester’s immediate supervisor. If the requester or the contractor has actual knowledge or reason to believe that the opinion is based upon fraudulent, misleading, or otherwise incorrect information, their reliance upon the opinion will not be deemed to be in good faith. 2105(a); or (e) The HCA should recommend or direct an administrative or contractual remedy commensurate with the severity and effect of the violation.

The request must include information about the -- (d)(1)(iii), involving the particular contractor, in which the individual was or is involved, including contract or solicitation numbers, dates of solicitation or award, a description of the supplies or services procured or to be procured, and contract amount; (2) Individual’s participation in the procurement or decision, including the dates or time periods of that participation, and the nature of the individual’s duties, responsibilities, or actions; and (3) Contractor, including a description of the products or services produced by the division or affiliate of the contractor from whom the individual proposes to accept compensation. (2) In issuing an opinion, the agency ethics official may rely upon the accuracy of information furnished by the requester or other agency sources, unless he or she has reason to believe that the information is fraudulent, misleading, or otherwise incorrect. (1) If the contracting officer concludes that there is no impact on the procurement, the contracting officer must forward the information concerning the violation or possible violation and documentation supporting a determination that there is no impact on the procurement to an individual designated in accordance with agency procedures. chapter 21 Act has been violated, the HCA may direct the contracting officer to -- , Price or Fee Adjustment for Illegal or Improper Activity, or, if the contract has been rescinded under paragraph (d)(2)(ii) of this subsection, recovery of the amount expended under the contract; (ii) Void or rescind the contract with respect to which -- (B) The agency head has determined, based upon a preponderance of the evidence, that the contractor or someone acting for the contractor has engaged in conduct constituting an offense punishable under 41 U. (f) If the HCA determines that urgent and compelling circumstances justify an award, or award is otherwise in the interests of the Government, the HCA, in accordance with agency procedures, may authorize the contracting officer to award the contract or execute the contract modification after notifying the agency head.

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Certain limited exceptions are authorized in agency regulations. The contracting officer shall insert the provision at , Certificate of Independent Price Determination, in solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless -- (a) The acquisition is to be made under the simplified acquisition procedures in ; (b) [Reserved] (c) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (d) The solicitation is for utility services for which rates are set by law or regulation. (i) The fact that a firm has published price lists, rates, or tariffs covering items being acquired by the Government.

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