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While the
Agency's use of contractor employees working in-house
has certainly increased, and will probably continue
to do so, the laws governing the relationship
between the Government and contractors have not
changed. Recent investigations into Government
contractor/employee relationships have resulted
in more extensive efforts on the part of management
to ensure that all employees are aware of the
established ethical standards regarding contractor/employee
dealings. In an effort to increase that awareness,
this is the second advisory memorandum dealing
with procurement integrity.
Below is additional or rephrased
practical advice regarding dealing with contractor
employees in the Federal workplace.
- Remember that contractor employees
are not United States Department of Agriculture
(USDA) employees regardless of whether they
are former USDA employees or they work for a
particular contractor whose name has become
a "household word" at USDA.
- Respect and adhere to established
rules and guidelines that define the employer-employee
relationship between contractors and their employees.
For example, pressuring the contractor to use
"favorite" employees, or insisting
on particular personnel actions such as suggesting
whom the contractor should hire for a particular
project.
- Avoid giving incumbent contractors
unfair competitive advantage by including its
employees in re-competition discussions, or
by accidentally allowing the contractor's employees
to overhear or gain access to planning information.
- Identify possible conflicts
by contractor employees. If it were a crime/conflict
of interest to violate Title 18 United States
Codes/Standards of Ethical Conduct (appearances
of partiality) for a Federal employee to participate
in an official matter, we should insist that
the contractor ensure the same principles of
ethical integrity for their actions.
- Safeguard proprietary, privacy
act, and other sensitive and nonpublic information.
Release of certain types of information to contractor
employees to analyze, create charts and graphs,
enter into databases, etc., could violate the
Procurement Integrity Law, the Trade Secrets
Act, the Privacy Act, or other laws or regulations
that could subject the releaser to civil and/or
criminal penalties including mandatory removal.
- Be aware of accepting gifts
from contractor employees. Even if they work
in the Federal workplace, they are still "outside
sources" and the rules for gift giving
are very different than the rules for gift giving
between Federal employees. For example, contractors
and their employees may not be solicited to
provide or contribute to gifts, where we might
be able to do so, from other Federal employees
for a retirement gift for another Federal employee.
- Do not require "out of
scope" work, personal services, or "inherently
Governmental functions." The services that
the contractor is required to provide through
its employees are set out in the contract. There
are no "…and other duties as assigned."
When we contract, we give up control and flexibility.
- Remember that certain rights
and benefits imputed to a Government employee
do not mean that an in-house contractor employee
is entitled to the same rights/benefits. For
example, while Government employees may be authorized
limited use of Government systems for personal
use, this limited use rule does not apply to
contractor employees.
- Resolve inappropriate appearances
created by close relationships between Federal
and contractor employees. For example, if a
Federal employee develops a close personal relationship
with the contractor's site manager, that Federal
employee probably should not be assigned or
continue as the Contracting Officer Representative.
- Ensure that procedures are
in place to have contractor employees always
identify themselves in both written and oral
communications as contractor employees.
- Attendance at Government-sponsored
training or conferences by contractor employees
is not permitted unless such terms are specifically
within the contract scope.
As Federal employees, we are obligated
to set the example by reporting ethical issues
promptly and by maintaining high ethical standards.
Additional information on procurement integrity
can be obtained from Deidre Phillips, OCFO Contracting
Officer at 504-426-0274. Also, please review 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 advisory,
please contact your supervisor. Supervisors with
inquiries should contact the Agency Ethics Office
at 504-426-0308 or 504-426-0307.
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