Welcome back to Fun with the FAR, thank you for joining us for our first Episode of Fun with the FAR Season 10!
Our second session will cover: Part 3 (Improper Business Practices and Personal Conflicts of Interest)
- The Office of Government Ethics (OGE) is the organization responsible for providing guidance to
help Government employees comply with the procurement integrity and ethics regulations set forth
in FAR Part 3. Their guidance can be found at www.oge.gov.
- As a general rule, contractors should not disclose proprietary pricing information to other
offerors/competitors during a federal acquisition. FAR 3.103 and FAR 52.203-2.
- $10M is the dollar threshold value for contracts awards, modifications, and certain other contract
actions (e.g., establishment of overhead rates, approval of payments, negotiating or settling claims)
that trigger the one year post-government hiring restrictions set forth at FAR 3.104-3(d).
- The Anti-Kickback Act is a special “bribery” statute that involves a subcontractor giving “something
of monetary value” to a prime contractor for the purpose of receiving “favorable treatment” in
connection with a federal government prime contract.
- Prime Contractors are prohibited from executing “exclusive teaming agreements” with subcontractors for the sole purpose of restricting competition or otherwise to preclude subcontractors from providing services or supplies to the Federal Government in the ordinary course of their business. FAR 3.503-1, FAR 52.203-2(a)(3) and FAR 52.203-6.
- A “personal conflict of interest” means a situation in which a “covered employee” has a financial interest, personal activity or relationship that could impair the employee’s ability to be impartial and not act in the best interest in the Government when performing under a Government contract. FAR 3.11 and FAR 52.203-16. Personal conflicts of interest issues could arise for both Government employee and contractor employees who perform services that require the use of discretion, such as “acquisition support” services.
We look forward to you joining us for Episode 2, which will cover FAR Part 3
Included here is the link to our Fun with the FAR program: