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Procurement Integrity FAR Part 3

11/17/2005. 2. References. Procurement Integrity Act, 41 USC 423 FAR 3.104, Procurement Integrity, and supplementing regulations.5 C.F.R Part 2635, Standards of Ethical Conduct for Employees of the Executive Branch.DoD Dir. 5500.7-R, Joint Ethics Regulation.MCCDCO 4290.2B, Communications w/ Contractors

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Procurement Integrity FAR Part 3

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    1. 11/17/2005 1 Procurement Integrity (FAR Part 3) MCCDC/MCB Quantico

    2. 11/17/2005 2 References Procurement Integrity Act, 41 USC 423 FAR 3.104, Procurement Integrity, and supplementing regulations. 5 C.F.R Part 2635, Standards of Ethical Conduct for Employees of the Executive Branch. DoD Dir. 5500.7-R, Joint Ethics Regulation. MCCDCO 4290.2B, Communications w/ Contractors…and Release of…Contractual Information.

    3. 11/17/2005 3 General Standards of Conduct FAR 3.101-1. “Government business shall be conducted in a manner above reproach.” “The general rule is to avoid strictly any conflict of interest or even the appearance of a conflict of interest.” “Government personnel’s “official conduct must … be such that they would have no reluctance to make a full public disclosure of their actions.”

    4. 11/17/2005 4 Procurement Integrity Cornerstones Public service is a public trust. Refrain from using public office for public gain. Treat all members of the public with fairness and impartiality. See: General Principles of Public Service Handout.

    5. 11/17/2005 5 Procurement Integrity Act (PIA) General provisions (FAR 3.104-2): Prohibition on disclosing and obtaining contractor bid or proposal information. Requirement to report non-federal employment contacts. Post-Government employment restrictions.

    6. 11/17/2005 6 Disclosing and Obtaining Bid or Proposal Information Rule: Do not knowingly disclose or obtain contractor bid or proposal information or source selection information before award of the contract. Nondisclosure Agreements and Procurement Integrity Certifications. FAR 14.401 and 15.207.

    7. 11/17/2005 7 Disclosing and Obtaining Bid or Proposal Information “Contractor bid or proposal information”: Cost or pricing data. Indirect costs or labor rates. Proprietary information. Information marked by the contractor (unless contracting officer disagrees, and contractor given notice and respond opportunity before release).

    8. 11/17/2005 8 Source Selection Information Bid prices and proposed costs. Source selection plans. Technical evaluation plans. Cost or price evaluations of proposals. Technical evaluations of proposals. Competitive range determinations. Anything that would jeopardize the integrity of the competition to release.

    9. 11/17/2005 9 Marking Bids, Proposals, and Source Selection Information “Source Selection Information – See FAR 2.101 and 3.104.” “Proprietary Information – See FAR 27.404(h).”

    10. 11/17/2005 10 Employment Contacts If an agency official participating in a Federal procurement contacts or is contacted by an offeror regarding non-Federal employment: Report to supervisor and ethics official. Reject employment or disqualify from further participation in procurement. Ethics advisory opinion.

    11. 11/17/2005 11 Prohibition Against Accepting Compensation From Contractor Former Federal Employee may not accept compensation from a contractor if: Contracting officer, SSA, member of evaluation board, or cost/technical team. PM, ACO, approved contract payments or established contract rates, or paid or settled claims. BUT: OK to work for another division or affiliate that produces different products or services.

    12. 11/17/2005 12 Other Improper Business Practices Contractor bribes and gratuities (gifts). Antitrust Violations. Contingent fees for securing a Government contract. Subcontractor kickbacks. Buying-in. Contracts with Government Employees.

    13. 11/17/2005 13 Criminal & Civil Penalties and Administrative Actions Against rules violator. Against official who fails to comply. Against non-governmental employer.

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