Professional Ethics & Conduct Flashcards

Under FAR 3.101-1, what is the foundational standard for contractor and Government conduct in federal contracting?

Answer: Contractors and Government employees must conduct business honestly and impartially, avoiding any appearance of impropriety

FAR 3.101-1 establishes that both Government and contractor personnel must deal fairly, honestly, and avoid any appearance of impropriety.

A contractor's employee learns that a competitor's bid amount was improperly disclosed before award. Under NCMA's Code of Ethics, what should the contract manager do?

Answer: Immediately report the disclosure to appropriate authorities and refuse to use the information

NCMA's Code of Ethics requires contract managers to report improper disclosures and refuse to benefit from them.

Which statute specifically criminalizes a Government employee's receipt of a gratuity from a contractor with intent to influence an official act?

Answer: 18 U.S.C. § 201 (Bribery of Public Officials)

18 U.S.C. § 201 prohibits bribery of public officials, including the giving or receiving of gratuities intended to influence official acts.

A contracting officer's representative (COR) accepts a free dinner from a contractor during contract performance. Under the Standards of Ethical Conduct for Employees of the Executive Branch, this is:

Answer: Generally prohibited as an improper gift from a prohibited source

5 C.F.R. Part 2635 generally prohibits executive branch employees from accepting gifts from prohibited sources, including contractors with whom they deal.

What is the primary purpose of the Contractor Code of Business Ethics and Conduct required under FAR 52.203-13?

Answer: To ensure contractors promote an organizational culture of ethics and have mechanisms for detecting and reporting violations

FAR 52.203-13 requires contractors to promote ethical cultures and maintain internal controls for detecting and reporting violations of federal law.

Under the post-employment restrictions of 18 U.S.C. § 207, what is a 'cooling-off' period intended to prevent?

Answer: Former officials from improperly leveraging inside government knowledge to assist private entities before their former agency

Post-employment restrictions prevent former officials from using their government positions and inside knowledge to benefit private parties before their former agencies.

A contract manager discovers that their company submitted a certified cost or pricing data package containing a known error that overstated costs. The most appropriate immediate action is to:

Answer: Disclose the defective data to the contracting officer and initiate a price adjustment

The Truth in Negotiations Act (TINA) and FAR 15.408 require disclosure of defective cost or pricing data; prompt disclosure and price adjustment is the ethical and legal obligation.