Government Contractor Ethics

0
Government Contractor Ethics in stage 8. Implementation

Project Stages:

1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Stage:  
8. Implementation

Contacts

Implementation Contact
202.480.2083
rbull@acus.gov
Committee Chair
Partner
Venable LLP
Consultant
Kathleen Clark
Professor
Washington University Law
Media
202.480.2091
mkindelan@acus.gov

Federal employees and contractor employees are subject to widely disparate ethics regimes. Whereas government employees must comply with extensive rules covering things like personal conflicts of interest, receiving gifts, and post-employment restrictions, contractor employees are generally not subject to such specific regulations (though contractors performing contracts exceeding $5 million must have an internal ethics code).  Government contracting has vastly expanded in recent years, and some have suggested that the ethics regime currently applicable to contractors is insufficient. At the same time, new regulations can create additional costs for contractors and agencies. The Recommendation proposes compliance standards related to personal conflicts of interest and use of certain non-public information, with the aim of ensuring ethical conduct on the part of contractors without imposing excessive compliance costs.

Final Recommendation

Recommendation 2011-3, “Compliance Standards for Government Contractor Employees—Personal Conflicts of Interest and Use of Certain Non-Public Information” responds to agencies' need to protect integrity and the public interest when they rely on contractors. The Conference recommends that the Federal Acquisition Regulatory Council provide model language for agency contracting officers to use when negotiating or administering...

Implementation

At its Plenary Session on June 16-17, 2011, the Administrative Conference of the United States adopted Recommendation 2011-3, regarding compliance standards for government contractor employees relating to personal conflicts of interest and use of certain non-public information.  The recommendation urges the Federal Acquisition Regulatory Council to draft model contract clauses for agencies to use when negotiating a contract for any service that poses a particular risk of personal conflicts of interest or misuse of non-public information.  Agencies would be free to modify those clauses or decline to use them as appropriate.

Read the Federal Register notice announcing the adoption of Recommendation 2011-3, available at 76 Fed. Reg. 48,789, 48,792

Project Documents

Name Committee Type Date
Approved Minutes from March 16 Meeting Administration and Management Meeting Minutes March 16, 2011 Download
Approved Minutes from December 9 Meeting Administration and Management Meeting Minutes December 9, 2010 Download
Approved Minutes from November 3 Meeting Administration and Management Meeting Minutes November 3, 2010 Download
Public Comments by ABA Section of Public Contract Law Administration and Management Member Comment June 10, 2011 Download
ABA Resolution on Government Contractor Ethics Administration and Management Memorandum April 10, 2013 Download
Public Comment on Government Contractor Ethics Administration and Management Public Comment June 10, 2011 Download
Amendments to Compliance Standards for Government Contractor Employees Administration and Management Recommendation June 17, 2011 Download
Compliance Standards for Government Contractor Employees-Personal Conflicts of Interest and Use of Certain Non-Public Information Administration and Management Recommendation June 17, 2011 Download
Compliance Standards for Government Contractor Employees Administration and Management Recommendation May 18, 2011 Download
Draft Recommendation Considered at April 18 Committee Meeting Administration and Management Recommendation April 13, 2011 Download
Draft Recommendation Considered at March 16 Committee Meeting Administration and Management Recommendation March 11, 2011 Download
Draft Recommendation Considered at December 9 Committee Meeting Administration and Management Recommendation December 9, 2010 Download
Kathleen Clark's Final Project Report Administration and Management Report March 10, 2011 Download
Committee Meeting Webcast Administration and Management Webcast April 18, 2011 Watch Video
Plenary Discussion of Government Contractor Ethics Recommendation Administration and Management Webcast April 18, 2011 Watch Video
March 16: Part II (Technical Difficulties) Administration and Management Webcast March 16, 2011 Watch Video
March 16: Part I (Technical Difficulties) Administration and Management Webcast March 16, 2011 Watch Video
Committee Meeting Webcast Administration and Management Webcast November 3, 2010 Watch Video
Image CAPTCHA
Enter the characters shown in the image.

Attendance:
Confirm your attendance in the following dates:

Asterisks (*) indicate required information.

Close