Standards of Conduct Flashcards
What FAR reference discusses stadards of conduct?
FAR 3.101
The Anti-Kickback Act of 1986 (now codified at 41 U.S.C. chapter 87, Kickbacks,) was passed to…
deter subcontractors from making payments and contractors from accepting payments for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or a subcontract relating to a prime contract.
A ______________ is when a covered employee has a financial interest, personal activity, or relationship that could impair the employee’s ability to act impartially and in the best interest of the Government when performing under the contract.
personal confict of interest
An _____________ is the existence of a set of circumstances in which a contractor may be unable to render impartial advice to the government, or might have impaired objectivity in performing contracted work, or may obtain an unfair competitive advantage in the marketplace when competing for government work where that unfair advantage is obtained performing a government contract.
Oganizational conflicts of interests (OCI)
What are the three broad categories of oganizational conflicts of intersts (OCI)?
- unequal access 2. impaired objectivity 3. biased ground rules
what type of OCI is this an example of:
Proprietary information that was obtained from a government official without proper authorization
unequal access
what type of OCI is this an example of:
Source selection information that is relevant to the contract but is not available to all competitors
unequal access
what type of OCI is this an example of:
Reviewing the contractor’s own or an affiliate’s work product, or reviewing a competitor’s work
Impaired Objectivity
what type of OCI is this an example of:
Providing advice in supporting the Government’s decision making process
Impaired Objectivity
what type of OCI is this an example of:
Preparing specifications or work statements as discussed in FAR 9.505-2.
Biased Ground Rules
Is this potential or actual OCI?
the work to be performed under the contract places the contractor in a position where its objectivity might be called into question, however, no information has as yet come to light indicating that an actual motive for bias exists.
potential OCI
Is this potential or actual OCI?
information has come to light that would cause a reasonable person to question the contractor’s objectivity.
actual OCI
Is this potential or actual OCI?
one of the offerors submitting a proposal turned out to be either an affiliate or competitor of the contractor employee’s firm.
actual OCI
what are the 3 basic approaches contractors and agencies use for dealing with OCI issues?
Avoid, Neutralize, and Mitigate
Can you award to a contractor if you determine there is an OCI?
FAR 9.504(e) permits award if the Contracting Officer determines that doing so is in the best interest of the United States as well as submitting a waiver request, which is approved by the Head of the Contracting Activity.
