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The following
is guidance on upholding ethical standards when
dealing with contractors . As one of our commitments
to public trust, it is important that we as Federal
employees adhere to the highest ethical standards
during our daily activities when dealing with
contractors.
- Avoid Conflicts of Interest:
Maintain an "arm's-length" relationship
with contractors. Refrain from action or conduct
that creates an actual or apparent conflict
of interest or divided loyalties. For example,
if you own stock in a company with which you
are negotiating a Government contract, you should
recuse yourself from the project.
- Refrain From Offering Or Accepting
Gifts Or Gratuities: To avoid the appearance
of impropriety, decline any gift that would
raise the slightest question of improper influence.
This includes favors, entertainment, service,
conference, fees, transportation, lodging, meals,
loans, and discounts not available to the general
public.
- Refuse Bribes, Kickbacks, or
Unlawful Payments: Any offer or promise of money,
property, services or anything of value, whether
made directly or indirectly to a Government
employee, relative or associate is strictly
forbidden. Such offers should promptly be reported
to your immediate supervisor and to the Agency
Ethics Office.
- Do Not Discuss Employment or
Business Opportunities: Do not inquire about
job offerings at companies doing business with
the Office of the Chief Financial Officer (OCFO).
- Do Not Disclose Proprietary
or Source Selection Information: Do not allow
prospective contractors to solicit information
or provide such information about procurements
prior to the award of a contract.
- Exceptions to the above
Rules: Certain gifts, gratuities, and entertainment
expenditures that contractors offer to Government
employees are permitted. These include:
- Promotional items bearing
a corporate logo or product name, which
is of nominal value (less than $20),
- Reasonable meals or refreshments
(not to exceed $20 per person, per meal;
$50 annually) during the course of a meeting
or activity that has an exclusive business
purpose. However, these are not available
to Government contracting officers or other
Government officials participating personally
and substantially in procurement decisions.
- Reasonable travel, subsistence
and related expenses, but only in unusual
circumstances, such as remote or inaccessible
locations. This applies to Government employees
in attendance at non-promotional or non-marketing
events in an official capacity, so long
as appropriate Government officials have
authorized the trip in advance. However,
no such expense can be paid for a Government
official having personal and substantial
involvement in Government procurement.
- Report Corrupt Practices Or
Unethical Conduct: If you believe a Government
contractor or fellow employee has violated any
law or regulation, or engaged in unethical conduct,
report it to your supervisor and to the Agency
Ethics Office. Integrity is critical to the
success of the Government's procurement process,
and to public trust as well. We must do our
part to uphold ethical standards at the OCFO.
This information is provided to
encourage us as civil servants, to uphold the
ethical spirit of the law and avoid loose interpretations.
Therefore, even if some actions are permissible,
depending on your official capacity, prudence
and good judgment may dictate that you decline
to accept a gift or take actions that would appear
inappropriate.
Additional information on procurement
integrity can be reviewed in Title 41, United
States Code, Section 423 on the United States
Department of Agriculture, Office of Ethics web
site at http://www.usda-ethics.net/rules/index.htm
If you have questions or encounter
situations not covered by this guidance, please
contact your supervisor. Supervisors with inquiries
should contact the Agency Ethics Office at 504-255-5679
or 504-255-5580.
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