02 sja - ethics - susan turley

“One morning I shot an elephant

in my pajamas. . . .

When it comes to acquisition

ethics, perception can be as

important as reality.

How he got in my pajamas, I

don’t know.”

References

• FAR Part 3 – Improper Business Practices and

Personal Conflicts of Interest; Subpart 3.104 –

Procurement Integrity

• FAR 9.5 – Organizational Conflicts of Interest

• FAR 15.203 – Exchanges with Industry Before

Receipt of Proposals

• 5 CFR 2635 – Standards of Conduct for Employees

of the Executive Branch

• OFPP “Myth-Busting” memos on improving

communications during the acquisition process, 2

February 2011 and 7 May 2012, available at

http://www.whitehouse.gov/omb/procurement index

memo

Releasable Information

• General procurement requirements and

agency acquisition needs

• RFIs, draft RFPs, Sources Sought,

Industry Days

• Timing—before or after RFP release—is

critical

• Information releasable under FOIA

• Includes total contract price and the PWS

of awarded contracts

• CLIN pricing is generally not releasable

under the FOIA but it depends

Protected Information

• Information that could jeopardize integrity

or successful completion of a procurement

• Rough Order of Magnitude estimates or

independent government estimate

• Source selection plans

• Direct comparisons of contractors

• Contractor proprietary information is to

be released ONLY with owner’s consent

Permissible Interactions

Within appropriate limits, Federal

personnel may receive information

about contractors’ capabilities and

discuss technology developments. • Government customers (actual or potential)

must be careful in private discussions with

contractors, especially regarding contract terms

and conditions

• NETCOM Memo 715-1, Industry

Presentations, Demonstrations, Briefings and

Tests and Evaluations, outlines our process

Risks of Improper Interaction

• A contractor that obtained (or was perceived to

have obtained) a competitive advantage in a

procurement may be prohibited from actually being

awarded the contract

• Miscommunications can lead to claims, disputes,

litigation, unauthorized obligations and/or contract

modifications, and general confusion

• Both the Army and industry can end up

expending scarce resources (time, labor, money)

to resolve the issue, often at the expense of the

acquisition effort itself

Gifts and Contractors

Federal personnel may not

accept a gift from an actual or

potential contractor that exceeds

a value of $20 per occasion or

$50 per calendar year • Based on both appearance and possibility of

favoritism and/or bias

• Meals and promotional items are generally

considered “gifts”