Procurement Integrity and Protection of Competition Sensitive Information Policy

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Introduction

Purpose

The purpose of this policy is to ensure that GovC conducts business under U.S. Government (USG) Programs in full compliance with the Procurement Integrity Act and implementing regulations.

Scope

The policy applies to all Company employees (regular full-time and part-time) and temporary agency employees, independent contractors, and consultants.

Policy Statement

GovC is committed to complying with all laws and regulations intended to protect the integrity of the USG procurement process. The U.S. Procurement Integrity Act (the "Act") seeks to protect the integrity of the procurement process by (1) forbidding improper access to and disclosure of competition-sensitive information such as information about a competitor's proposal or inside information about the Government agency evaluation process, and (2) by restricting employment discussions and employment between U.S. Government employees involved in the procurement process and contractors competing for USG contracts. The Act both restricts acceptance of employment by some former USG employees and also restricts employment contracts between some current USG officials and USG contractors.


Offering or accepting competitors' confidential or trade secret information can be illegal, particularly in the USG marketplace. Improperly releasing or obtaining proprietary information may also violate the Privacy Act, the Defend Trade Secrets Act (including state laws implementing Uniform Trade Secrets Act), the Freedom of Information Act, and other laws and regulations.


Procurement integrity violations can lead to civil and criminal fines and imprisonment for the Company and its employees, and can lead to cancellation of USG contracts and grants and ineligibility for future awards. For example, receipt by a GovC employee of a competitor's pricing information during a competition can lead to the USG barring GovC from receiving that award. It could also serve as a basis for a bid protest that could eliminate the Company from the competition.


It is Company policy that employees and others covered by this Policy immediately contact the GovC Legal Department if they become aware of a possible Procurement Integrity Act violation by GovC, a competitor, or a USG employee or former employee. In the event that anyone covered by this policy receives, is offered, or is aware of anyone covered by this policy having received or been offered competition sensitive information, the proper response is to contact the Legal Department immediately. Employees shall not otherwise circulate, share, review, or discuss such information unless and until the Legal Department has been consulted and decided on appropriate next steps.


In situations involving a competitor gaining improper access to GovC or USG sensitive information, GovC may need to notify the USG with 14 days of learning of the violation to protect GovC's interest.


Any employee or representative of the Company who is found to have violated the Procurement Integrity Act or this Policy will be subject to disciplinary action up to and including immediate termination of employment (or termination of contract services) and referral for criminal investigation.

Definitions/What is Competition-Sensitive Information?

Competition-sensitive information includes both competitor's bid or proposal information and agency source selection information.

Contract Bid or Proposal Information

Means the following information submitted to a USG agency in connection with a bid or proposal to enter into a USG contract or grant, if that information has not been previously made available to the public or disclosed publicly.

  • (a) Cost or pricing data (as defined by the Truthful Cost or Pricing Data Act, AKA TINA)
  • (b) Indirect costs and direct labor rates
  • (c) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation; and
  • (d) Information marked by the contractor as "contractor bid or proposal information" in accordance with applicable law or regulation or marked consistent with the FAR competitive procurement language.

Source Selection Information

Means any of the following information that is prepared for use by a USG agency for the purpose of evaluating a bid or proposal to enter into an agency contract or grant, if that information has not previously been made available to the public or disclosed publicly:

  • (a) Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening;
  • (b) Proposed costs or prices submitted in response to an agency solicitation, or list of those proposed costs or prices;
  • (c) Source selection plans;
  • (d) Technical evaluation plans;
  • (e) Technical evaluations of proposals;
  • (f) Cost or price evaluations of proposals;
  • (g) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract;
  • (h) Rankings of bids, proposals, or competitors;
  • (i) Reports and evaluations of source selection panels, boards, or advisory councils; and
  • (j) Other information marked as "Source Selection Information" - See FAR 2.101 and 3.104 by the head of the agency or by the contracting officer.

Guidelines

What is Prohibited Under the Act?

  • (a) Prohibition on Disclosure of Procurement Information - Company employees and representatives may not knowingly disclose contractor Bid or Proposal Information or Source Selection Information "other than as permitted by law."
  • (b) Prohibition on Obtaining Procurement Information - Company employees and representatives may not knowingly obtain contractor Bid or Proposal Information or Source Selection Information, "other than as permitted by law."


What is "Other Than as Permitted by Law?

The Act is not intended to limit the ability of Company representatives to talk to Government personnel, as long as protected information is not solicited or obtained. Receipt of the following types of information is prohibited.

  • (a) Information that is released without restrictions by its owner, or is otherwise is in the public domain.
  • (b) Information that is required to be released under law (e.g. bid prices at a sealed bid opening), once properly released.
  • (c) Information that is released pursuant to the Freedom of Information Act (FOIA).
  • (d) Procurement-integrity covered information becomes unprotected once the procurement is completed unless it is protected by some other law or regulation like the Freedom on Information Act, the Defend Trade Secrets Act, state-level trade secret laws, or by a Non-Disclosure Agreement, Teaming Agreement, or some other agreement executed between the Company and another company, such as a supplier, partner or customer, in which the parties have agree to maintain the confidentiality of certain information.


What Should You Do If you are Offered or Obtain Protected Information or You Become Aware That Someone Else Covered By this Policy has Been Offered or Obtained Protected Information or May Have Violated the Act?

Company employees shall decline any offer of information that may violate the Procurement Integrity Act or this Policy and shall immediately notify the Company Legal Department upon becoming aware of any potential violation by anyone covered by this Policy, a competitor, or a USG employee.

Procurement Integrity Restrictions on Employment Discussions and Hiring

The Procurement Integrity Act contains several restrictions on employment discussion with current USG employees and other restrictions on the post-Government employment activities of former USG employees.

Responsibilities

As part of its commitment to ethical and legal conduct, the Company expects all of its employees to report suspected violations of the law, including statutes and regulations relating to procurement integrity and protection of confidential information. Suspected violations should be reported in accordance with the Company's Code of Business Conduct and Ethics without any fear of retaliation.

If Company management has reasonable grounds to believe that a violation of the Procurement Integrity Act or other laws regarding protection of confidential information may have occurred, the Company will promptly take action to mitigate the risk of further violations and report the potential violation to the Government in accordance with application law and regulation.

References

  • 41 USC § 2101-2117 - Procurement Integrity Act
  • FAR Subpart 3.104 - Procurement Integrity
  • Hiring Current and Former Government Employees Policy
  • FAR § 52.203-10 - Price or Fee Adjustment for Illegal or Improper Activity
  • 18 USC § 208 - Actions Affecting Personal Financial Interest, CFR 2636
  • 5 USC § 552 - Freedom of Information Act
  • 5 USC § 552a - Privacy Act
  • Company Code of Business Conduct
  • 18 USC § 1836 Defend Trade Secrets Act
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