{"identifier":"/us/usc/t41/s2303","title":41,"num":"\u00a7\u202f2303.","heading":"Ethics safeguards related to contractor conflicts of interest","text":"\u00a7\u202f2303.\nEthics safeguards related to contractor conflicts of interest\n(a)\nDefinition.\u2014\nIn this section, the term \u201crelevant acquisition function\u201d means an acquisition function closely associated with inherently governmental functions.\n(b)\nPolicy on Personal Conflicts of Interest by Contractor Employees.\u2014\n(1)\nDevelopment and issuance of policy.\u2014\nThe Administrator shall develop and issue a standard policy to prevent personal conflicts of interest by contractor employees performing relevant acquisition functions (including the development, award, and administration of Federal Government contracts) for or on behalf of a Federal agency or department.\n(2)\nElements of policy.\u2014\nThe policy shall\u2014\n(A) define \u201cpersonal conflict of interest\u201d as it relates to contractor employees performing relevant acquisition functions; and\n(B) require each contractor whose employees perform relevant acquisition functions to\u2014\n(i) identify and prevent personal conflicts of interest for the employees;\n(ii) prohibit contractor employees who have access to non-public government information obtained while performing relevant acquisition functions from using the information for personal gain;\n(iii) report any personal conflict-of-interest violation by an employee to the applicable contracting officer or contracting officer\u2019s representative as soon as it is identified;\n(iv) maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;\n(v) have procedures in place to screen for potential conflicts of interest for all employees performing relevant acquisition functions; and\n(vi) take appropriate disciplinary action in the case of employees who fail to comply with policies established pursuant to this section.\n(3)\nContract clause.\u2014\n(A)\nContents.\u2014\nThe Administrator shall develop a personal conflicts-of-interest clause or a set of clauses for inclusion in solicitations and contracts (and task or delivery orders) for the performance of relevant acquisition functions that sets forth\u2014\n(i) the personal conflicts-of-interest policy developed under this subsection; and\n(ii) the contractor\u2019s responsibilities under the policy.\n(B)\nEffective date.\u2014\nSubparagraph (A) shall take effect 300 days after\n(i) contracts entered into on or after that effective date; and\n(ii) task or delivery orders awarded on or after that effective date, regardless of whether the contracts pursuant to which the task or delivery orders are awarded are entered before, on, or after\nOctober 14, 2008\n(4)\nApplicability.\u2014\n(A)\nContracts in excess of the simplified acquisition threshold.\u2014\nThis subsection shall apply to any contract for an amount in excess of the simplified acquisition threshold (as defined in\nsection 134 of this title\n(B)\nPartial applicability.\u2014\nIf only a portion of a contract described in subparagraph (A) is for the performance of relevant acquisition functions, then this subsection applies only to that portion of the contract.\n(c)\nBest Practices.\u2014\nThe Administrator shall, in consultation with the Director of the Office of Government Ethics, develop and maintain a repository of best practices relating to the prevention and mitigation of organizational and personal conflicts of interest in Federal contracting.","url":"https://projectusc.org/usc/t41/s2303.html","content":[{"t":"sec","id":"/us/usc/t41/s2303","children":[{"t":"num","text":"\u00a7\u202f2303."},{"t":"heading","text":"Ethics safeguards related to contractor conflicts of interest"},{"t":"subsec","id":"/us/usc/t41/s2303/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definition.\u2014"},{"t":"content","text":"In this section, the term \u201crelevant acquisition function\u201d means an acquisition function closely associated with inherently governmental functions.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t41/s2303/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Policy on Personal Conflicts of Interest by Contractor Employees.\u2014"},{"t":"para","id":"/us/usc/t41/s2303/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Development and issuance of policy.\u2014"},{"t":"content","text":"The Administrator shall develop and issue a standard policy to prevent personal conflicts of interest by contractor employees performing relevant acquisition functions (including the development, award, and administration of Federal Government contracts) for or on behalf of a Federal agency or department.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s2303/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Elements of policy.\u2014"},{"t":"chapeau","text":"The policy shall\u2014"},{"t":"subpara","id":"/us/usc/t41/s2303/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" define \u201cpersonal conflict of interest\u201d as it relates to contractor employees performing relevant acquisition functions; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2303/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" require each contractor whose employees perform relevant acquisition functions to\u2014"},{"t":"clause","id":"/us/usc/t41/s2303/b/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" identify and prevent personal conflicts of interest for the employees;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t41/s2303/b/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" prohibit contractor employees who have access to non-public government information obtained while performing relevant acquisition functions from using the information for personal gain;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t41/s2303/b/2/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" report any personal conflict-of-interest violation by an employee to the applicable contracting officer or contracting officer\u2019s representative as soon as it is identified;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t41/s2303/b/2/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t41/s2303/b/2/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" have procedures in place to screen for potential conflicts of interest for all employees performing relevant acquisition functions; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t41/s2303/b/2/B/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" take appropriate disciplinary action in the case of employees who fail to comply with policies established pursuant to this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s2303/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Contract clause.\u2014"},{"t":"subpara","id":"/us/usc/t41/s2303/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Contents.\u2014"},{"t":"chapeau","text":"The Administrator shall develop a personal conflicts-of-interest clause or a set of clauses for inclusion in solicitations and contracts (and task or delivery orders) for the performance of relevant acquisition functions that sets forth\u2014"},{"t":"clause","id":"/us/usc/t41/s2303/b/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the personal conflicts-of-interest policy developed under this subsection; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t41/s2303/b/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the contractor\u2019s responsibilities under the policy.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2303/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Effective date.\u2014"},{"t":"chapeau","text":"Subparagraph (A) shall take effect 300 days after ","children":[{"t":"text","text":"October 14, 2008","tail":", and shall apply to\u2014"}]},{"t":"clause","id":"/us/usc/t41/s2303/b/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" contracts entered into on or after that effective date; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t41/s2303/b/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" task or delivery orders awarded on or after that effective date, regardless of whether the contracts pursuant to which the task or delivery orders are awarded are entered before, on, or after ","children":[{"t":"text","text":"October 14, 2008","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s2303/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Applicability.\u2014"},{"t":"subpara","id":"/us/usc/t41/s2303/b/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Contracts in excess of the simplified acquisition threshold.\u2014"},{"t":"content","text":"This subsection shall apply to any contract for an amount in excess of the simplified acquisition threshold (as defined in ","children":[{"t":"ref","text":"section 134 of this title","href":"/us/usc/t41/s134","tail":") if the contract is for the performance of relevant acquisition functions."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2303/b/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Partial applicability.\u2014"},{"t":"content","text":"If only a portion of a contract described in subparagraph (A) is for the performance of relevant acquisition functions, then this subsection applies only to that portion of the contract.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t41/s2303/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Best Practices.\u2014"},{"t":"content","text":"The Administrator shall, in consultation with the Director of the Office of Government Ethics, develop and maintain a repository of best practices relating to the prevention and mitigation of organizational and personal conflicts of interest in Federal contracting.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}