Government Contractor Ethics

At its Plenary Session on June 16-17, 2011, the Administrative Conference of the United States adopted Recommendation 2011-3, regarding compliance standards for government contractor employees relating to personal conflicts of interest and use of certain non-public information.  This recommendation is the result of the public, consensus-driven work of the Committee on Administration & Management of the Assembly of the Conference.  The Conference previously posted drafts of the report and recommendation and invited public comment.

Read the final recommendation adopted by the Administrative Conference: Recommendation 2011-3: Compliance Standards for Government Contractor Employees - Personal Conflicts of Interest and Use of Certain Non-Public Information ().

Project Background

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.

Details of the Committee Process

The Committee on Administration & Management held four meetings in late 2010 and early 2011 to discuss the project and decide upon a draft recommendation.  Please see the links below for the documents considered by the Committee on Administration & Management during those meetings.

Documents Considered at Previous Meetings

Draft Recommendations

• Draft Recommendation Considered at April 18 Committee Meeting ().
• Draft Recommendation Considered at March 16 Committee Meeting ().
• Draft Recommendation Considered at December 9 Committee Meeting ().

Meeting Minutes

• Approved Minutes from March 16 Meeting ().
• Approved Minutes from December 9 Meeting ().
• Approved Minutes from November 3 Meeting ().

General Committee Documents

• Professor Clark’s Report (revised 3/10/2011) ().
• Professor Clark's Original Report ().
• Public Meeting Policies and Procedures ().

View our Webcasts

• November 3, 2010
• March 16:  Part I & Part II (Technical Difficulties)
• April 18, 2011
• Part 4: Plenary Discussion of Government Contractor Ethics Recommendation

Contacts

Committee Chair
John Cooney
Partner- Venable LLP

Research Consultant
Professor Kathleen Clark
Washington University Law

Staff Counsel
Scott Rafferty

Project Advisor
Reeve T. Bull

For all media or technical issues, please contact Kathy Kyle at 202.480.2091 or kkyle@acus.gov.