14 FAH-2 H-150
ETHICS AND STANDARDS OF CONDUCT
(CT:COR-61; 08-08-2024)
(Office of Origin: A/OPE)
14 FAH-2 H-151 GENERAL
(CT:COR-61; 08-08-2024)
a. U.S. Government employees are responsible for acting in accordance with the rules and procedures that govern their jobs. They are responsible for meeting public expectations of proper conduct. Because U.S. Government employees have the position and power to influence or be influenced, the public demands that their behavior be grounded in standards of conduct.
b. All Department of State employees should be familiar with, and are required to comply with, the ethics rules and regulations, which are generally described in 11 FAM 610 (Ethics and Financial Disclosure). All employees must not only avoid violations of the law or ethical standards but must also endeavor to avoid the appearance of a violation. Department employees may contact the Office of Ethics and Financial Disclosure (L/EFD) at EthicsAttorneyMailbox@state.gov for guidance on those rules and regulations.
c. The Federal Acquisition Regulation (FAR) 3.104 and the Department of State Acquisition Regulation (DOSAR) Part 603 also prescribe procedures applicable to Department employees regarding standards of conduct and prohibited business practices. Department employees involved in acquisition must file an annual financial disclosure report using OGE Form 450, Confidential Financial Disclosure Report. Contracting officer’s representatives (CORs) and government technical monitors (GTMs) must file a financial disclosure report.
14 FAH-2 H-152 PROCUREMENT INTEGRITY: Prohibitions, Restrictions, and Requirements
(CT:COR-61; 08-08-2024)
a. The Procurement Integrity Act (PIA) codified at 41 U.S.C. chapter 21 and implemented by FAR 3.104 and DOSAR 603.104, imposes a variety of restrictions on officials involved in the acquisition process. DOSAR Part 603 identifies internal procedures for procurement reporting requirements internal to the Department of State. The PIA restrictions include:
(1) Prohibitions on disclosing or obtaining procurement information (FAR 3.104-3(a) and (b));
(2) A reporting requirement when contacted by an offeror regarding non-Federal employment (FAR 3.104-3(c));
(3) A one-year ban on accepting compensation from a contractor for employees who took a covered action or held a covered position on a contract in excess of $10 million (FAR 3.104-3(d)); and
(4) Protections for contractor bid or proposal information and source selection information (FAR 3.104-4).
NOTE: Penalties and administrative actions for violations of the PIA are addressed under 41 U.S.C. 2105 and can include imprisonment, fines, rescinding of contracts, suspension or debarment, and adverse personnel actions under 5 U.S.C. chapter 75, Adverse Actions.
b. Other statutes listed in FAR 3.104-2(b) that pertain to prohibited conduct include:
(1) 18 U.S.C. 201 Bribery of public officials and witnesses; and
NOTE: Penalties and administrative actions for violations of this provision statute include imprisonment, fines, rescinding of contracts, suspension or debarment, and adverse personnel actions.
(2) The Anti-Kickback Act of 1986, codified at 41 U.S.C. chapter 87.
NOTE: Penalties and administrative actions for violations of the Anti-Kickback Act are defined under 41 U.S.C. 8705 - 8707 and can include imprisonment, fines, rescinding of contracts, suspension or debarment, and adverse personnel actions.
c. For questions, concerns, issues, suspicions, or for a better understanding of the role of procurement integrity, CORs and GTMs must contact the contracting officer, a member of your management team (unless these individual(s) are where the concern lies), or Office of the Assistant Legal Adviser for Buildings and Acquisitions (L/BA).
14 FAH-2 H-153 Gifts
(CT:COR-61; 08-08-2024)
Unless an exclusion or exception under the gift rules applies, U.S. Government employees are prohibited from accepting a gift from any outside source if the gift is given because of the employee's official position or the gift is from any entity that does business with the Department. The term "gift" includes any gratuity, favor, entertainment, loan, or any other item of monetary value. See 11 FAM 613.1 for more information.
14 FAH-2 H-154 CONFLICTs of INTEREST
(CT:COR-61; 08-08-2024)
a. 18 U.S.C. 208 and 5 CFR 2635 prohibit U.S. Government employees from participating "personally and substantially" in an official matter that would have a direct and predictable effect on their own or imputed financial interests or where a person with whom the employee has a "covered relationship" is a party.
b. In acquisition matters, this, for instance, means that a contracting officer, COR, GTM, source selection official, or technical evaluation panel member having their own or an imputed financial interest in one or more offerors responding to a solicitation would be prohibited from providing advice and engaging in decisions, approvals, disapprovals, recommendations, and investigations relating to the acquisition. This includes participating in drafting specifications or statements of work for acquisitions when the drafter expects a company in which he or she has a financial interest to submit a proposal. Employees who have a conflict of interest must disqualify themselves from participating in the acquisition.
c. For more detailed information, refer to 11 FAM 612, Conflicts of Interest.
14 FAH-2 H-155 THROUGH H-159 UNASSIGNED