Ethics in Government: A Contractor’s Perspective

Managing Ethics With Contractors Because government utilizes public funding, strict ethical standards are necessary. These standards are embodied in the criminal bribery and conflict of interest statutes (18 USC 201 and ).

Managing Ethics With Contractors These statutes are implemented, in large part, by the Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR Part 2635).

Managing Ethics with Contractor Government contracting ethics should provide: A transparent approach for utilizing public funds Clear parameters for managing relationships with contractors Guidance for contracting officials to manage contracting decisions based on the best interests of key stakeholders

Managing Ethics with Contractors In the 1990’s, numerous procurement reform laws took effect One result: federal contracting officials were given more discretion in decisionmaking Example: many contracting decisions became based on past performance, technical capability and price.

Managing Ethics With Contractors This 3-prong approach requires increased analysis and evaluation skills by government contracting officials. It also increases the amount of judgment involved in contracting decisions, where previously, decisions were more cut and dry.

Managing Ethics With Contractors How Does This Relate to : “A Contractor’s Perspective on Ethics in Government”?

Managing Ethics With Contractors With contracting officials involved in broader decisionmaking in contract decisions, there is greater potential for ethical issues to be raised.

Managing Ethics With Contractors Many contractors are not aware of the new complexity in contracting and the ethical issues raised. Government contracting officials should assume that contractors need to be informed of the basics, such as gift giving, as well as more complex issues, such as awarding bids, etc.

Managing Ethics With Contractors Given that there is no standard requirement for ethics training in order to have a GSA Schedule, contracting officials should be encouraged to hand out literature on ethical conduct and make visible posters such as Mission Statements and Standards of Conduct.

Managing Ethics With Contractors 1) Conflict of Interest issues must be consistently managed. Contracting officials should: Communicate the USDA Ethics Program to contractors Inquire how a Contractor manages ethics in their organization

Managing Ethics With Contractors 2) Contractors need to understand how contracting officials make complex decisions in an ethically consistent manner 3) Contractors need to know that contracting officials will make decisions that balance the interests of key stakeholders

Managing Ethics With Contractors Contractors need to know that, as contracting officials effectively manage these steps, they will then be better able to develop effective contracting approaches. The end result can be a good contract, which can lead to productive relationships between the government and contractor.