Overview
This section implements 41 U.S.C. chapter 21 (formerly the Procurement Integrity Act) to ensure the fairness and integrity of the federal acquisition process. It establishes strict prohibitions on disclosing or obtaining sensitive procurement information and regulates the conduct of current and former government officials regarding employment with contractors.
Key Rules
- Information Protection: Government officials and those acting on behalf of the government are prohibited from knowingly disclosing or obtaining "contractor bid or proposal information" or "source selection information" before a contract award.
- Employment Contact Reporting: Any agency official participating "personally and substantially" in a procurement exceeding the simplified acquisition threshold must report any employment contact with an offeror in writing and either reject the employment or disqualify themselves from the procurement.
- One-Year Compensation Ban: Former officials are prohibited from accepting compensation from a contractor for one year if they served in specific key roles (e.g., Procuring Contracting Officer, Source Selection Authority, or Program Manager) on a contract exceeding $10,000,000 awarded to that contractor.
- "Personal and Substantial" Participation: This is defined as active involvement in critical activities such as drafting statements of work, evaluating proposals, or negotiating contract terms; it excludes perfunctory administrative or clerical duties.
- Disqualification and Reinstatement: Officials who must disqualify themselves due to employment conflicts must provide formal written notice; they may only resume participation with the written approval of the Head of the Contracting Activity (HCA).
- Ethics Advisory Opinions: Current or former officials can request a formal written opinion from an agency ethics official regarding post-employment restrictions; good-faith reliance on a positive opinion protects both the individual and the contractor from violation findings.
Practical Implications
- Compliance for Contractors: Companies must implement rigorous screening processes when hiring former government officials to ensure they do not violate the one-year compensation ban or inadvertently solicit protected source selection information.
- Immediate Reporting: For government personnel, even an unsolicited employment inquiry from a bidder can trigger a mandatory reporting requirement and a potential immediate exit from a high-profile procurement project.