OK or No Way

1
OK or No Way! ???
Ethics Issues Involving Contractors in the
Federal Workplace
2
Whats Here

• OK or No Way?
• Answers
• Contract Relations and Function
• Gifts
• Parties Unofficial Functions
• Time Management
• Conflicts of Interests
• Political Activities
• Awards
• Government Resources

• Transportation
• Training
• Misuse of Position
• Switching Sides
• Non-Disclosure
• Charitable Fundraising
• Outside Employment
• Confusion of Identity
• Additional Information
• Thats All

3
Lets Play OK or No Way!Page 1 of 8

• On the following slides you will find 16
  contractor- related ethics questions
• Read the questions, decide what action you would
  take, then jot down, OK or No Way!
• An answer key follows the question slides
• Following the questions, the presentation
  discusses each question

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OK or No Way! ???Page 2 of 8

• May a Government employee conduct an annual
  performance appraisal for a contractor employee?
• May a Government employee accept a birthday gift
  valued at 25 from a contractor employee who is
  also his uncle?
• May a contractor employee participate in a
  holiday potluck lunch if they contribute their
  fair share to the refreshments?

5
OK or No Way! ???Page 3 of 8

• May a Government employee grant 59 minutes to a
  contractor employee?
• May a contractor employee accept NBA basketball
  tickets from a shipping vendor in exchange for
  selecting them as a shipping supplier for
  execution of a Government contract?

6
OK or No Way! ???Page 4 of 8

• May a contractor employee hang a Vote for _____
  signs on his puka wall to help promote his
  candidates campaign in the upcoming election?
• May a Government agency present a contractor
  employee with a 50 cash team award, recognizing
  them for their contribution to the successful
  completion of a team project?

7
OK or No Way! ???Page 5 of 8

• May a contractor employee use Government provided
  mediation services?
• May a Government employee accept a ride to a
  professional conference when offered by a
  contractor employee?
• May a Government supervisor require a contract
  employee who supports his division to attend his
  divisions mandatory EEO training?

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OK or No Way! ???Page 6 of 8

• May a Government employee ask a contractor to
  interview her friend for a job opening?
• May a Government contract employee accept a
  position as a government employee?

9
OK or No Way! ???Page 7 of 8

• May a Government employee inform a contractor
  employee of some non-public information if he
  thinks that the contractor employee may be
  affected by it?
• May a Government employee invite a contractor
  employee to participate on her Relay for Life
  team?

10
OK or No Way! ???Page 8 of 8

• May a Government employee seek outside employment
  with a contractor to earn some extra holiday
  spending money?
• May a contractor employee draft and sign a letter
  on Department of the Navy letterhead?

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OK or No Way! Answers How Did You Do?

• No Way!
• OK
• OK
• No Way!
• No Way!
• No Way!
• No Way!
• No Way!

• OK
• OK
• No Way!
• OK
• No Way
• No Way!
• No Way!
• No Way!

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Contract Relationship and Function

• 1. May a Government employee conduct an annual
  performance appraisal for a contractor employee?
• Government Employees
• No Way! when it comes to any authority over
  contractor employees with regard to supervision,
  approving leave, approving training, performance
  appraisals, awards/recognition, etc.
• Contractor Employees
• No Way! when it comes to any authority over
  Government employees with regard to supervision,
  procurement activities and inherently
  Governmental functions

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Gifts, Page 1 of 2

• 2. May a Government employee accept a birthday
  gift valued at 25 from a contractor employee
  who is also his uncle?
• OK Exceptions
• 20/50 rule
• Personal Relationship rule
• From Contractor Employees to Government Personnel
  No-Way
• Contractor employees outside source
  prohibited

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Gifts, Page 2 of 2

• May a Government employee accept a birthday gift
  valued at
• 25 from a contractor employee who is also his
  uncle? (cont.)
• To Contractor Employees from Government Personnel
  OK as no Government rules prohibit
• Group Gifts to a Government Employee No-Way
  because there is no provision for Government
  personnel and contractor employees to co-mingle
  funds. Government gift rules apply

15
Parties and Other Unofficial Functions, Page 1
of 2

• 3. May a contractor employee participate in a
  holiday potluck lunch if they contribute their
  fair share to the refreshments?
• Social events sponsored by non-prohibited sources
• OK for Government personnel to attend if no
  admission is charged for any guest
• Widely attended gatherings
• OK for Government personnel to attend if
  attendance is free and in a personal capacity on
  Government employees own time, and event is open
  to a wide audience or range of persons interested
  in the same subject matter

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Parties and OtherUnofficial Functions, Page 2 of
2

• May a contractor employee participate in a
  holiday potluck lunch if
• they contribute their fair share to the
  refreshments? (cont.)
• Events where per capita cost is 20 or less
• OK for Government personnel to attend if
  individual has not exceeded 50 limit on gifts
  from that source for that calendar year
• Parties and gift exchanges including contractor
  employees
• OK for contractor employees to attend if gifts
  from contractors or their employees do not exceed
  20, and contractor employees contribute their
  fair share to participate (equal share of money
  toward actual cost of refreshments and/or
  bringing a dish is not considered a gift in this
  situation)

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Time Management

• 4. May a Government employee grant 59 minutes
  to a contractor employee?
• No Way! for Government personnel to ask
  contractor employees to work outside the scope of
  their contract.
• No Way! for Government personnel to authorize
  contractor employee compensatory time
• No Way! for Government personnel to invite
  contractor employees to attend activities
  unrelated to performance of the contract
• No Way! for Government personnel to grant an
  early release to contractor employees
• No Way! for Government personnel to ask
  contractor employees to volunteer their time

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Conflicts of Interest

• 5. May a contractor employee accept NBA
  basketball tickets from a shipping vendor in
  exchange for selecting them as a shipping
  supplier for execution of a Government contract?
• Government Personnel
• No Way! to officially participate in matters
  that have an effect on their financial interests
• No Way! to anything that would suggest the
  appearance of loss of impartiality in performing
  official duties
• No Way! to any actual or apparent conflict of
  interest within official duties
• No Way! to being awarded a Government contract
• Contractor Employees
• No Way! to bribery and various shady
  procurement-related practices

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Political Activities

• 6. May a contractor employee hang a Vote for
  _____ signs on his puka wall to help promote his
  candidates campaign in the upcoming election?
• In the Workplace
• No Way! to political activities for Government
  personnel
• OK for contractor employees unless local site
  establishes regulations or if prohibition/limitati
  on is written into the contract
• Use of Office to Influence an Election or Affect
  Political Activity
• No Way! for Federal civilian employees to
• Use official authority or influence for the
  purpose of interfering with or affecting the
  results of an election
• Solicit or discourage the participation in any
  political activity of another person who is
  seeking certain official actions by that office
• OK for contractor personnel unless prohibited
  by contractor or contract

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Awards

• 7. May a Government agency present a contractor
  employee with a 50 cash team award to recognize
  them for their contribution to the successful
  completion of a team project?
• Recognition of contractor employees for
  contributions that go substantially beyond that
  specified or implied within the terms of the
  contract
• OK to present honorary awards of little
  intrinsic value (such as certificates)
• No Way! to use funds outside the limits of the
  contract

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Use of Government Resources

• 8. May a contractor employee use Government
  provided mediation services?
• Government furnished services
• No Way! for contractor employees to use
  Government furnished services unless provided for
  in the contract or otherwise qualified
• Government furnished property
• OK if Government determines property is so
  unique, cost effective or in Governments best
  interest to provide, may so provide in the
  contract
• Personal use policy
• OK for personal use of Government resources as
  determined by contracting officer and contractor
  supervisor while on contract time
• Use of NAFI
• OK for limited use of activities by full-time
  installation contractor employees when the
  installation CO has granted permission

22
Transportation

• 9. May a Government employee accept a ride to a
  professional conference when offered by a
  contractor employee?
• Government vehicles
• OK for contract employees to be passengers when
  head of command/organization has given prior
  approval, and they are conducting official
  Government business
• Contractor-provided transportation
• OK for Government personnel to accept when
  offered for meetings or similar events for
  Government business with prior approval
• Contractor employee personal vehicles
• Caution Government gift rules apply

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Training

• 10. May a Government supervisor require a
  contract employee who supports his division to
  attend his divisions mandatory EEO training?
• Government-provided training for contract
  employees
• OK if the contract requires it or the contract
  supervisor agrees that attendance is appropriate
• Contractor-provided training for Government
  employees
• OK if the training is from a non-profit
  organization or educational institution, the
  agency accepts it as Gifts to the Agency, or it
  is considered a Widely Attended Gathering
  otherwise, Government gift rules apply

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Misuse of Position/Endorsement

• 11. May a Government employee ask a contractor
  to interview her friend for a job opening?
• No Way! for Government employees to use their
  position in a manner that is intended to coerce
  or induce a contractor to provide any benefit to
  self or friends/family
• No Way! for Government employees to act biased
  or give preferential treatment to any private
  organization or individual
• OK for contractor employees to act biased
  unless impartiality requirement is included in
  the contract or contractor employees regulations

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Switching Sides,Page 1 of 2

• 12. May a Government contract employee accept a
  position as a government employee?
• OK for contractor employee to move to a
  Government job when
• Appropriate hiring procedures are followed
• No extraordinary payment from former employer has
  been made to employee or if it has, employee may
  not work on particular matters involving the
  former employer for two years
• Impartiality is demonstrated with regard to
  matters concerning their former employer
• They disqualify themselves from official matters
  affecting the financial interests of their former
  employer if they continue to hold financial
  interests with them

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Switching Sides,Page 2 of 2

• May a Government contract employee accept a
  position as a government employee? (cont.)
• OK for contractor employee to move to a
  Government job when
• Matters affecting the financial interests of a
  prospective employer are not worked on when
  seeking or negotiating employment
• They disqualify themselves from participating in
  matters affecting the financial interests of the
  contractor if they participate in employment
  opportunity discussions with a contractor
  employee, even if unsolicited
• If covered by the Procurement Integrity Act, they
  notify the head of the contracting activity,
  contracting officer, source selection authority,
  supervisor and ethics counselor of their
  employment opportunity discussions with
  contractor employees

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Non-Disclosure

• 13. May a Government employee inform a contractor
  employee of some nonpublic information if he
  thinks that the contractor employee may be
  affected by it?
• No Way! to disclosing nonpublic information
  without authorization unless contractor employees
  are cleared and authorized to receive such
  information

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Charitable Fundraising

• May a Government employee invite a contractor
  employee to participate on her Relay for Life
  team?
• No Way! for contractor employees to solicit
  Government personnel in the Federal workplace
• No Way! for Government personnel to solicit
  contractor employees on or off duty in official
  or personal capacities
• OK for private organizations to solicit
  Government personnel in the Government workplace
  through Combined Federal Campaign only
• OK for organization heads to approve by your
  own, for your own solicitations of Government
  personnel
• OK for Government personnel to engage in
  volunteer and personal charitable activities
  off-duty, not at worksite, and not acting in an
  official capacity
• OK for contractor employees to voluntarily
  contribute to or participate in charitable
  activities so long as they are not solicited

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Outside Employment

• May a Government employee seek outside employment
  with a contractor to earn some extra holiday
  spending money?
• No Way! for Government personnel to represent
  an outside employer to the Government
• No Way! for Government personnel to engage in
  outside activities that conflict with their
  official duties if such activities are prohibited
  or would require employees disqualification from
  matters critical to their office

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Confusion of Identity

• 16. May a contractor employee draft and sign a
  letter on Department of the Navy letterhead?
• No Way! for contractor employees not to
  identify themselves as such to avoid creating an
  impression that they are Government officials
• No Way! for documents and reports produced by
  contractors not to be suitably marked as
  contractor products

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Additional Information

• Department of Defense, Standards of Conduct
  Office
• http//www.dod.mil/dodgc/defense_ethics/
• Ethics Issues Involving Contractors in the
  Federal Workplace, by Kenneth White, 28 July
  2006
• This memo includes a lengthy list of legal and
  policy references
• Department of Defense Training
• http//www.dod.mil/dodgc/defense_ethics/ethics_tra
  ining/2006_AET/index_2.htm
• US Office of Government Ethics

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Additional Information

• US Office of Government Ethics
• www.usoge.gov
• OGE Handout Working With Government
  Contractors What You Need to Know as a Federal
  Employee Who Works With Government Contractors

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Thats all for now

• Your future deserves your attention right now,
  what are you going to do about it?
• Suggestions and requests to
• Commander, Navy Installations Command (CNIC)
• FFR Training Branch, N947
• Millington, TN 38055-6540
• Com [phone] DSN 882-6727
• helen.turner1_at_navy.mil