Code Of Conduct And Ethics For Employees – 2 Ethical Philosophy “To maintain public confidence in the federal procurement process, government and contractor employees must abide by exemplary standards of conduct.” –John Cibinic and Ralph Nash Administration of Government Contracts Administration of Government Contracts Fourth Edition
Employees shall not use public office for personal gain Employees shall act impartially and shall not favor any private organization or individual to ensure that every citizen may have complete confidence in the integrity of the federal government
Code Of Conduct And Ethics For Employees
5 Code of Ethics Public service is a public trust that requires employees to place loyalty to constitutional, legal and moral principles above personal interests. Employees must not hold financial interests that conflict with the conscientious performance of their duties. Employees may not use nonpublic government information to engage in financial transactions, or allow the inappropriate use of such information to advance any private interest. Except as permitted by Subpart B of this Part, employees shall not solicit or accept any gift or other item of monetary value from any person or entity seeking official action, doing business with, or conducting activities regulated by The employee’s performance or non-performance of duties is materially affected. Employees shall perform their duties with honesty and diligence. Employees shall not knowingly make unauthorized commitments or any commitments intended to bind the government. Employees shall not use public office for personal gain. Employees shall act impartially and shall not give preferential treatment to any non-governmental organizations and individuals.
Code Of Ethics Examples: From Personal To Professional
6 Code of Ethics Employees shall protect and preserve Federal property and shall not use it for purposes other than authorized activities. Employees may not engage in outside employment or activities that conflict with official government duties and responsibilities, including seeking or negotiating employment. Employees are expected to disclose waste, fraud, abuse of authority and corrupt practices to the appropriate authorities. Employees are expected to fulfill their duties as citizens in good faith, including all legitimate financial obligations, especially those imposed by law, such as federal, state or local taxes. Employees are expected to comply with all laws and regulations that provide equal opportunity for all Americans, regardless of race, color, religion, sex, national origin, age or disability. Employees shall endeavor to avoid any conduct that would cause them to violate the law or the ethical standards set forth in this section. Whether a particular situation creates the appearance of a violation of the law or these standards should be determined from the perspective of a reasonable person with knowledge of the relevant facts. Standards of Ethical Conduct for Executive Branch Employees 5 C.F.R. Part 2635
7 Discussion Jack’s old friends and neighbors bring a very expensive gift to his 50th birthday party. She works for a company that is applying to Jack’s agency for a license. Jack asked for your opinion. As the agency’s ethics advisor, what did you say to Jake?
Regulations issued by Congress Executive orders issued by the President Code of Ethics issued by the U.S. Office of Government Ethics Supplemental Codes of Ethics issued by some agencies for their employees
18 United States Code § 201: Bribery of Public Officials and Witnesses 5 U.S.C. App. 4 §§: Outside Income and Activities 18 U.S.C. § 203: Compensation to Members of Congress, Officials, and Others in Matters Affecting Government 41 USC § 423: Procurement Integrity Act (PIA) 5 C.F.R., Part 3601: Department of Defense Employees Supplemental Standards of Conduct for 18 U.S.C. § 205: Activities of Officials and Employees in Claims Against the Government and Other Matters Affecting the Government 5 CFR 2635 Subpart B: Gifts from Outside Sources 18 U.S.C. Restrictions on Officers, Employees, and Elected Officials 5 CFR: Fundraising Activities 5 CFR: Gifts Between Employees 18 U.S.C. § 208: Conduct Affecting Personal Financial Interests 5 CFR: Conflicting Financial Interests 18 U.S.C. § 209: Wages of Government Officials and Employees Can only be paid by the U.S. 5 CFR: Impartial performance of official duties 5 CFR: Seeking other employment 5 U.S.C. applications. 4 §§ : Public Financial Disclosure Requirements
Pdf) Corporate Codes Of Ethics: Necessary But Not Sufficient
Office of Government Ethics Legislative Branch Senate Select Committee on Ethics House of Representatives Committee on Official Standards of Conduct Judiciary Branch Judicial Committee on Code of Conduct Office of General Counsel Administrative Office of the United States Courts
Joint Ethics Code (JER) DOD R DoD Standards of Ethical Conduct and Ethical Guidance OSD OSD Office of the General Counsel, Office of Standards of Conduct DOD R
DoD policy employees are expected to be familiar with all ethics regulations, including the standards set forth in the E.O. The manner in which this determination is made is fully explained – DoD R (JER), Chapter 1 This is the regulation implementing Article 18 USC.
Conflict of Interest A conflict of interest is a personal interest or relationship, as defined by law or regulation, that conflicts with the faithful performance of official duties O’Neill v. Department of Housing and Urban Development, 220 F.3d 1354 (2000) Violation: Misuse of Government Property. Represents a government agency. The original firing did not address time and attendance policies. Furthermore, on appeal, the court sided with the employee, who was not an “agent” of the nonprofit even though she petitioned on their behalf. The term “agent” is interpreted narrowly as a person authorized to act on behalf of another person. The dismissal was upheld based on other allegations against her.
Your Organization Needs A Code Of Conduct—here’s Why
Conflict of interest An employee must not engage in matters that would affect the financial interests of himself, his spouse, or minor children Employment or future employment arrangements with an organization in which he is an officer, director, trustee, general partner, or employee (18 U.S.C. 208) –18 U.S.C. 208
Prohibition on Disclosing or Obtaining Procurement Information Contractor Bid or Proposal Information Source Selection Information Prohibition Applies to Current and Former Federal Employees and Contractor Employees – 41 USC 423
Contractor Bid or Proposal Information Cost or Pricing Data Overhead Costs and Direct Labor Rates Any Contractor-identified Proprietary Information About Manufacturing Processes, Operations, or Techniques Any Contractor-Determined Information as “Contractor Bid or Proposal Information” Personnel Definitions : A current or former U.S. official, or person who is or has represented or represented the United States, or is advising or has advised the U.S. on federal agency procurement; Supplier bid or proposal information or source selection information. Far
Source Selection Information Bids or Prices Submitted by Bidders Source Selection Program Technology Evaluation Program Technical Evaluation Cost or Price Evaluation of Proposals Competitive Scoping Determination of Bid, Proposal, or Competitor Ranking Other information flagged as “Source Selected Information” is defined as: A current or former U.S. official, or a person who is or has represented or represented the United States, or is advising or has advised the U.S. on a federal matter Procurement on behalf of; and, by virtue of that position, employment, or relationship, has or has obtained contractor bid or proposal information or source selection information. Far
Pdf) The Methods Used To Implement An Ethical Code Of Conduct And Employee Attitudes
Maximum Penalty Five years in prison Civil penalty of $50,000 per violation Adverse personnel action (such as dismissal)
Government contractors must act with the highest degree of integrity and honesty There should be a written code of business ethics and conduct There should be a business ethics and compliance training program for employees – FAR advice or guidance – note that work “should” be found in FAR 3.102
The FAR article, Code of Business Ethics and Conduct for Contractors, requires government contractors to: Due Diligence to Prevent and Detect Criminal Conduct Promotes an Organizational Culture that Encourages Ethics and Compliance Subcontract process with compliance program internal control system
Standards of Conduct Contractors and personnel must comply with standards of conduct set forth in contracts, statutes and regulations Violations may subject the Contractor to criminal, civil, administrative and contractual remedies
I. Compliance With Laws, Rules And Regulations: Legal Department
Contractors may not be able to provide impartial advice or assistance to the government (i.e. may compromise the contractor’s objectivity) Contractors have an unfair competitive advantage due to other work with the government or other contracting/subcontracting relationships Information on jobs to bid on, usually after a previous or current contract with the government has been entered into. This information gives contractors an unfair advantage in bidding
