Budgeting, source of funds is different from commercial buying:
Objectives of buying are other than profit:
- Provide services
- Maintain facilities
Savings are equally important - a dollar saved is:
· One more dollar to spend
· One less dollar to collect from taxpayers
Specifications: Broad spectrum of items are purchased
Potential for conflicts of interest are great due to diverse
affiliations of various employees
Back door selling in some institutions is difficult to control:
- Educational Institutions
Benefactors can cause problems regarding reciprocity, i.e.
expectation of special treatment, for charitable institutions
such as schools and hospitals.
Organization and staffing considerations-
Same as for commercial world, ie:
- Qualified personnel
- Appropriate organizational level
- Degree of centralization
Politics plays an important role in both public and private
Public - Elected officials
Private - Benefactors
Some institutions have formed purchasing co-ops:
- Educational and Institutional co-op.
- Hospital Bureau
- Joint ventures for mutual use (laundry, etc.)
(Similar concept to GSA and DLA schedules)
Some low density, highly technical purchases may require use of outside expertise for preparation and evaluation of solicitation and administration of contract. Example: ADP/Construction
- Deals with Public funds
-- Avoiding conflicts of interest and
influence peddling by elected officials
Government Purchasing/Acquisition used to achieve certain
"Socio-Economic" Goals such as:
- Small Business Set-asides
- Minority-Disadvantaged Business Promotion
- Small-Disadvantaged Business Promotion
- Contracts in Labor Surplus areas
In summary, Government/Industry purchasing have similar goals
and objectives to: - Buy wisely
- Buy timely
Government is susceptible to laws and political (congressional) influence
Taxpayers have the right to do business with their government
The bottom line for industry is profit. For the government, it is stewardship and conforming to the will of the citizens
Class 8 - STANDARDS OF CONDUCT AND CONFLICTS OF INTEREST IN FEDERAL CONTRACTING
Note: Standards of Conduct Regulations and Ethics in Federal Acquisition change often. The information presented below should be considered general in nature, and not comprehensive.
PROCUREMENT INTEGRITY OUTLINE
REGULATIONS ON PROCUREMENT INTEGRITY
(1.) An official who serves in a post-award position or makes post-award decisions after January 1, 1997 would be subject to the one-year bar even on a contract that was awarded before January 1, 1997.
FAR 9.508 -- Examples.
The examples in paragraphs (a) through (i) following illustrate situations in which questions concerning organizational conflicts of interest may arise. They are not all inclusive, but are intended to help the contracting officer apply the general rules in 9.505 to individual contract situations.
(a) Company A agrees to provide systems engineering and technical direction for the Navy on the powerplant for a group of submarines (i.e., turbines, drive shafts, propellers, etc.). Company A should not be allowed to supply any powerplant components. Company A can, however, supply components of the submarine unrelated to the powerplant (e.g., fire control, navigation, etc.). In this example, the system is the powerplant, not the submarine, and the ban on supplying components is limited to those for the system only.
(b) Company A is the systems engineering and technical direction contractor for system X. After some progress, but before completion, the system is canceled. Later, system Y is developed to achieve the same purposes as system X, but in a fundamentally different fashion. Company B is the systems engineering and technical direction contractor for system Y. Company A may supply system Y or its components.
(c) Company A develops new electronic equipment and, as a result of this development, prepares specifications. Company A may supply the equipment.
(d) XYZ Tool Company and PQR Machinery Company, representing the American Tool Institute, work under Government supervision and control to refine specifications or to clarify the requirements of a specific acquisition. These companies may supply the item.
(e) Before an acquisition for information technology is conducted, Company A is awarded a contract to prepare data system specifications and equipment performance criteria to be used as the basis for the equipment competition. Since the specifications are the basis for selection of commercial hardware, a potential conflict of interest exists. Company A should be excluded from the initial follow-on information technology hardware acquisition.
(f) Company A receives a contract to define the detailed performance characteristics an agency will require for purchasing rocket fuels. Company A has not developed the particular fuels. When the definition contract is awarded, it is clear to both parties that the agency will use the performance characteristics arrived at to choose competitively a contractor to develop or produce the fuels. Company A may not be awarded this follow-on contract.
(g) Company A receives a contract to prepare a detailed plan for scientific and technical training of an agency's personnel. It suggests a curriculum that the agency endorses and incorporates in its request for proposals to institutions to establish and conduct the training. Company A may not be awarded a contract to conduct the training.
(h) Company A is selected to study the use of lasers in communications. The agency intends to ask that firms doing research in the field make proprietary information available to Company A. The contract must require Company A to --
(1) Enter into agreements with these firms to protect any proprietary information they provide and
(2) Refrain from using the information in supplying lasers to the Government or for any purpose other than that for which it was intended.
(i) An agency that regulates an industry wishes to develop a system for evaluating
and processing license applications. Contractor X helps develop the system
and process the applications. Contractor X should be prohibited from acting
as a consultant to any of the applicants during its period of performance
and for a reasonable period thereafter.