NETCOM Industry Day @ Fort Huachuca TMAC 02 OCT 2012

2. “One morning I shot an elephant
in my pajamas. . . .
How he got in my pajamas, I
don’t know.”
When it comes to acquisition
ethics, perception can be as
important as reality.

3. References
• FAR Part 3 – Improper Business Practices and
Personal Conflicts of Interest; Subpart 3.104 –
Procurement Integrity
• FAR 9.5 – Organizational Conflicts of Interest
• FAR 15.203 – Exchanges with Industry Before
Receipt of Proposals
• 5 CFR 2635 – Standards of Conduct for Employees
of the Executive Branch
• OFPP “Myth-Busting” memos on improving
communications during the acquisition process, 2
February 2011 and 7 May 2012, available at
http://www.whitehouse.gov/omb/procurement index
memo

8. Releasable Information
• General procurement requirements and
agency acquisition needs
• RFIs, draft RFPs, Sources Sought,
Industry Days
• Timing—before or after RFP release—is
critical
• Information releasable under FOIA
• Includes total contract price and the PWS
of awarded contracts
• CLIN pricing is generally not releasable
under the FOIA but it depends

9. Protected Information
• Information that could jeopardize integrity
or successful completion of a procurement
• Rough Order of Magnitude estimates or
independent government estimate
• Source selection plans
• Direct comparisons of contractors
• Contractor proprietary information is to
be released ONLY with owner’s consent

10. Permissible Interactions
Within appropriate limits, Federal
personnel may receive information
about contractors’ capabilities and
discuss technology developments.
• Government customers (actual or potential)
must be careful in private discussions with
contractors, especially regarding contract terms
and conditions
• NETCOM Memo 715-1, Industry
Presentations, Demonstrations, Briefings and
Tests and Evaluations, outlines our process

11. Risks of Improper Interaction
• A contractor that obtained (or was perceived to
have obtained) a competitive advantage in a
procurement may be prohibited from actually being
awarded the contract
• Miscommunications can lead to claims, disputes,
litigation, unauthorized obligations and/or contract
modifications, and general confusion
• Both the Army and industry can end up
expending scarce resources (time, labor, money)
to resolve the issue, often at the expense of the
acquisition effort itself

12. Gifts and Contractors
Federal personnel may not
accept a gift from an actual or
potential contractor that exceeds
a value of $20 per occasion or
$50 per calendar year
• Based on both appearance and possibility of
favoritism and/or bias
• Meals and promotional items are generally
considered “gifts”