UARC TRAINING 23 October 2006. Introduction to Internal Audit and Advisory Services California Conflict of Interest Laws and Regs Institutional Conflict of Interest (OCI) Whistleblower law. Internal Audit and Advisory Services. Independent University Service : Director: Geri Gail
State Law: Government Code § 87100
“No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest”
UARC Contractor and its employees have a special relationships that can provide them with access to both Government sensitive and third party proprietary data.
Therefore: UARC Contractor and its employees will not use any such data for any purpose other than its performance under the contract.
(FAR 2. 101): Definition of OCI
Because of other activities or relationships with other persons:
By virtue of access to non-publicGovernment information regarding NASA program plans and actual or anticipated resources relationship or situation could exist whereby the contractor, or his subcontractors or consultants:
An example is when:
…. a contractor is asked to develop requirements that are later used in a competitive solicitation for a subsequent contract.
…If the same contractor bids for the subsequent contract, they may have an unfair advantage.
A) Data Handling: "Government Sensitive Data," :
“data for which the disclosure or use is controlled by U.S. Statute or implementing published federal regulations or NASA Policy and, where so identified, includes data first produced by the Contractor.”
FAR 2.101 defines an Unsolicited Proposal as follows:
“Unsolicited proposal" means a written proposal for a new or innovative idea that is submitted to an agency on the initiative of the offer or for the purpose of obtaining a contract with the Government, and that is not in response to a request for proposals”
The UARC contract, Section H.4(c)(2), specifies that the UARC shall not submit to the Government an unsolicited proposal:
All conflicts of interest :
Under the terms of the UARC contract:
California Government Code
Section 8547.2 Definition: improper governmental activity
“ any activity by a state agency or by an employee that is undertaken in the performance of the employee’s official duties, whether or not that action is within the scope of his or her employment, and that
-Do not investigate yourself.