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If Gov't Business Ethics Were a Shark Movie (Part 3 of Federal Acquisition Regulation)
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[Music] [Applause]
[Applause]
come on let's get out of here create a
contract what now yeah I know a company
we can award to uh okay make it
fast hey
wait come
on come on let's make a contract with
Amity Inc all right let me get the rules
come on the computer's warm okay
wait this company wants me to work for
them offered me a good
position you can't just directly War to
them oh I won't but I can give them some
little maybe some of the other company
prices and [Music]
[Music]
offerings and once I start working with
them I can use what I know to get us
even more contract [Music]
what other info do you need winky face
yeah huh no kidding all right I'm on my
way all right Chuck what do we got
Contracting officer pretty nasty one too
look at this
one how did it happen law sir laws
doesn't come down to these parts it does
now victim was seeking employment to the
company she was awarding to she also
disclosed Source selection information
sounds like she's been chumming the
waters for a while last night she tried
to make an award but she threw the rule
book out skinny dipping her way into
trouble that's when the attack
came oh
great what's the story laws attack sir
but it's under control under control
doesn't look like it for me she was
being Reckless she was seeking
employment with the company disclosing
sensitive procurement information she
even hinted at inappropriate post award activity
activity
so that's how we do things here yeah I
think that's the problem if we're not
careful there will be more attacks sir
government business needs to be
conducted in a manner above reproach and
with complete impartiality and with
preferential treatment for no one here
let me draw you a picture on this crime scene
scene
photo all right now it may not be as
much of an issue if we're playing around
on the shore but you go deeper in the
waters and you can become substantially
and personally involved in the contract
this goes beyond legal review it's
actual decisionmaking participating in
evaluation boards major planning
discussions and in her case being a CO
and deciding on the award listen you
need to fix this but don't change
anything around here we move fast mayor
this is serious we need to adjust some
things maybe reach out to some ethics
advisers hey hey guys we've already got
a way of doing things around here right
I need to make sure that doesn't change
or maybe I start using another contrac
officer huh now hold on mayor don't
cause any
problems what's the next move boss we do
our jobs Safeguard the people prevent another
attack hey Sheriff here's some Safeguard
[Music]
sick hey Jimmy I'm going to award this
get out of the office get out of the
office get out of the office I'm
awarding to my son's Company Inc it's
the name of the company who got the
contract come
on go back to work waste of time that's a
lot listen you got to take it easy
you're freaking the office out look
there was an appearance and sometimes an
appearance may be enough for laws to
attack sir the general rule is to avoid
strictly any conflict of interest or
even the appearance of a conflict of
interest in government and contractor
relationships now while many federal
laws and regulations Place restrictions
on the actions of government Personnel
their official conduct must in addition
be such that they would have no
reluctance to make a full public
disclosure of their actions what I'm
telling you is I ought to fire you for
blowing that whistle and scar and
everyone well you can't there's
whistleblower protection rules what the
far provides robust whistleblower
protections for both government and
contractor employees ensuring that they
can report instances of fraud waste
abuse or other violations related to
Federal contracts without fear of
retaliation these protections extend
even if the reported misconduct turns
out to be a false alarm as long as the
Whistleblower acted in good faith it's
important to maintain an environment
where employees can raise concerns
freely without fear of Retribution
ensuring transparency and integrity in
the procurement
process all right fine but stop with the
good fate everyone is fine look at
morons wow he's going out pretty deep
he's a company it's business it's called
capitalism laws don't attack them like
they do the government I don't think
that's correct look at him Brody he's
living his best life what kind of
trouble can companies get into uh a lot
any sort of practice that eliminates or
restrains competition unfairly yeah
listen I need this contract I'll get it
at any cost I'll get the start
low for example companies can engage in
something called buying in they start
low just to get the contract and then
they bump up their prices after the
award they can also engage in antitrust
Rules by engaging in collusive pricing
that's when there's multiple vendors who
are secretly agreeing to fix raise or
maintain prices undermining Fair
competition in the bidding process yeah
yeah listen that's why I'm talking to
you as a competitor maybe there's a way
prices they can also offer Kickbacks
which are when a contractor secretly
provides money or favors to a government
government official in exchange for
awarding or favoring their contract I
while looks like this will be his last kickback
this new headquarters Cent yeah all
right I'll lead you to it all way back
office Mr Brody barbar driveus I'm an
Ethics adviser sent to your town I've
studied your attacks and what we're
working with is actually incredible this
is the largest I've seen look at the
size of the laws attacking your office
this thing is a crossbreed between the
joint ethics regulation and the Cod of
business ethics this is an Ethics
advisor's dream yeah well thanks for
your help but I can't handle laws in a
way that slows our operations down look
M dfus we're a fast Contracting Office
we're known for our speed Sheriff you
can prevent laws attacks and still move
fast we won't stop Contracting it's the
Contracting that will save us and this
this will help guide us on the right
path now let's get out there out
there with this is this little training
going to protect us from the bribery the
Kickbacks the price collusion oh there's
been price Collision oh yeah yeah
whistleblower retaliation disclosure of
procurement data personal conflicts of
interest you're going to need a bigger
book Federal acquisition regulation this
is what we need specifically part three
improper business practices personal
conflicts of interest here look okay I
see everything we've been dealing with
is in this part whistleblower
protections employment opportunities
contingent fees antitrust practices
personal conflicts of interest
exactly who is this oh this is Captain
qup he's going to take us out deep so
this a defeat laws
no but it will prevent their
attacks laws will always be out there
circling we just need to learn how to
wait stop I see something not
laws a gift
basket yeah see those all the time out
here floating around just ignore them
yeah looks like this one has candy
pecans candy pecans I love candy pong
too it's a pink slip notice of
termination Captain's gone that is
covered in Far subart 3 two contractor
gratuities to government Personnel
contractor gratuities to government
employees are unauthorized gifts or
favors given by contractors to influence
government officials decisions regarding
contracts I'm going to add Clause
52203 so that this doesn't happen
again okay we should start seeing less
of these baskets floating around now all
right let's take laws head on you have the
the
chum you mean this bucket of
inappropriate work emails throw one in
us okay this one's for my assistant uh
Chuck after this award is out let's talk
about your career I've got a great vice
president position waiting for
you uh inappropriate employment
opportunities Contracting is acting
unethical again third
in I'm adding a clause requiring
contractor to have their own code of
business ethics within 30 days of
contract award Clause 52
22033 this is sharpening contractors up
what else okay this is from a contractor
doing procurement help with us hey man I
was in a meeting with the government and
have a spreadsheet of detailed budget
info this could help us win another
award who was it this was Pat personal
conflicts of interest I'll use the far Clause
Clause
52203 D16 this will require contractors
to prevent employees from having
personal conflicts of interest that
could compromise their impartial reality
[Music]
contracts it's too much we have to stop
laws is going to bring us down all right
[Applause]
can't believe you pulled it off but how
good Contracting Clauses and awareness
of the rules that's right we can still
swim fast in deep Waters Reckless does
not mean fast and careful does not mean
slow but better continuous education
will make them safer swimmers if only
there was a resource that is
entertaining funny and also helps keep
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