STANDARDS OF CONDUCT Government business shall be conducted in
a manner above reproach andwith complete impartiality and with
preferential treatment for none. Transactions relating to the
expenditure of public funds require the highest degree of public
trust and an impeccable standard of conduct.
Slide 4
CONTRACTING OFFICER AUTHORITY Contracting Officers have
authority to enter into, administer, or terminate contracts No
contract shall be entered into unless the contracting officer
ensures that all requirements of law, executive orders,
regulations, and all other applicable procedureshave been met.
Slide 5
UNAUTHORIZED COMMITMENTS an agreement that isnt binding solely
because the Government representative who made it lacked the
authority to enter into that agreement on behalf of the Government.
Ratification of UACs Repercussions Changes to Existing
Contracts
Slide 6
COMPETITION REQUIREMENTS with certain limited exceptions,
contracting officers shall promote and provide for full and open
competition in soliciting offers and awarding Government
contracts.
Slide 7
INHERENTLY GOVERNMENTAL FUNCTIONS Contracts shall not be used
for the performance of inherently governmental functions The
direction and control of federal employees is an example of an
inherently governmental function that should not be performed by
contractors.
Slide 8
IGFS IN FEDERAL PROCUREMENT (i) Determining what supplies or
services are to be acquired by the Government (ii) Participating as
a voting member on any source selection boards (iii) Approving any
contractual documents, to include documents defining requirements,
incentive plans, and evaluation criteria.
Slide 9
IGFS IN PROCUREMENT (CONT) (iv) Awarding contracts (v)
Administering contracts (including ordering changes in contract
performance and accepting or rejecting contractor products or
services) (vi) Participating as a voting member on performance
evaluation boards
Slide 10
EXAMPLES OF FUNCTIONS GENERALLY NOT CONSIDERED IGFS Services
that involve or relate to the evaluation of another contractors
performance Services in support of acquisition planning Contractors
providing assistance in contract management Contractors providing
technical evaluation of contract proposals
Slide 11
EXAMPLES OF NON-IGFS (cont) Contractors providing assistance in
the development of statements of work Contractors working in any
situation that permits or might permit them to gain access to
confidential business information Contractors participating as
technical advisors to a source selection board or participating as
voting or non-voting members of a source evaluation board.
Slide 12
ORGANIZATIONAL CONFLICTS OF INTEREST Conflicting roles that
might bias a contractors judgment Unfair competitive advantage
involving proprietary information or source selection information
Government responsibility to avoid, mitigate, or neutralize
OCIs
Slide 13
OCI EXAMPLES Preparing specifications or work statements
Planned for use in competitive acquisition Preparing contractor
cannot compete as a prime or subcontractor for a reasonable period
of time
Slide 14
OCI EXAMPLES (cont.) Providing proposal evaluation services
Contractor cannot evaluate its own offer Contractor may gain access
to other contractors proprietary data in the course of evaluation
Contractor must agree to protect and not disclose that
information
Slide 15
PERSONAL SERVICES CONTRACTS A personal services contract is
characterized by the employer- employee relationship it creates
between the Government and the contractors personnel Agencies shall
not award personal services contracts unless specifically
authorized by statute.
Slide 16
EMPLOYER-EMPLOYEE RELATIONSHIP Occurs as a result of the
contracts terms, or In the manner of its administration during
performance, contractor personnel are subject to the relatively
continuous supervision and control of a Government officer or
employee.
Slide 17
DESCRIPTIVE ELEMENTS FOR ASSESSING PERSONAL SERVICES (1)
Performance on-site (2) Principal tools and equipment furnished by
the Government (3) Services are applied directly to the internal
effort ofan organizational subpart in furtherance of assigned
function or mission
Slide 18
DESCRIPTIVE ELEMENTS (cont) (4) Comparable services, meeting
similar needs, are performedusing civil service personnel (5) Need
for the type of servicecan reasonably be expected to last beyond 1
year (6) Direct or indirect Government direction or supervision of
contractor employees
Slide 19
CONTRACT AND TASK ORDER PROVISIONS Set forth contractors
support role (SoW) With appropriate SoW and contract
administration, ensure work performed stays within contract scope
and prevent contractor performance of inherently governmental
functions and personal services Incorporate appropriate
Organizational Conflict of Interest provisions when necessary
Slide 20
SUMMARY TOP TEN All contractors deserve a level playing field
to compete for the Governments business. Be careful how, where, and
with whom you speak about potential contract requirements. Dont
make any deals youre not prepared to pay for with your own money or
your job. Contractors should not be put in a position, or be
permitted, to make Govt decisions. Government employees should not
ever supervise contractors, and vice versa.
Slide 21
SUMMARY TOP TEN The SoW defines contractor performance. A good
SoW safeguards contractors from performing personal services or
inherently Governmental functions. Contractors should only perform,
and be expected to perform, efforts covered by their contract or
task order SoW. Both Government and Contractor employees need to
recognize potential restrictions on future opportunities and the
need to safeguard procurement sensitive and company confidential
information. Know when to ask for help from Contracting
Professionals, Contracting Officers, and Counsel.