The Conference believes that it is important to ensure that services provided by government contractors—particularly those services that are similar to those performed by government employees—are performed with integrity and that the public interest is protected. In that light, the Conference recommends that the Federal Acquisition Regulatory Council (“FAR Council”) promulgate model language in the Federal Acquisition Regulation (“...
Government Contractor Ethics
Project Stages:1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Federal employees and contractor employees are subject to widely disparate ethics regimes. Whereas government employees must comply with extensive rules covering things like personal conflicts of interest, receiving gifts, and post-employment restrictions, contractor employees are generally not subject to such specific regulations (though contractors performing contracts exceeding $5 million must have an internal ethics code). Government contracting has vastly expanded in recent years, and some have suggested that the ethics regime currently applicable to contractors is insufficient. At the same time, new regulations can create additional costs for contractors and agencies. The Recommendation proposes compliance standards related to personal conflicts of interest and use of certain non-public information, with the aim of ensuring ethical conduct on the part of contractors without imposing excessive compliance costs.