procurement. A competing contractor will not discuss or offer employment to a procurement official.
Nor will that contractor offer any gift of any monetary value to a procurement official. Finally, the
competing contractor will not solicit protected information from any government employee concerning
the source selection process or any proprietary information. During the conduct of the procurement,
the procurement official may not discuss or accept employment with a competing contractor, ask for or
accept gifts from these contractors, or disclose protected information to these contractors. You should
note that a gift is a gratuity or any other thing of value. This does not include anything for which the
procurement official paid fair market value to a competing contractor, any plaque or certificates with no
intrinsic value received from a competing contractor, or any unsolicited item, valued at or less,
received from a competing contractor. A competing contractor is any entity that is or is reasonably
likely to become a competitor for a contract or subcontract under the procurement and includes any
other person acting on behalf of such an entity.
There are additional postemployment restrictions placed on procurement officials in their relationship
with defense contractors and subcontractors. An employee who was a procurement official with
respect to a specific procurement may not:
a. participate in any manner on behalf of a competing contractor in any negotiations leading to
the award or modification of a contract for such procurement; or
b. participate personally and substantially on behalf of the competing contractor in the
performance of such contract.
These restrictions apply for a period of two years from the date of the employee's last personal and
substantial participation in the procurement on behalf of the Government. These restrictions apply to
postemployment activities on behalf of a subcontractor. They generally do not apply if the subcontract
amount is less than 0,000 or if participation is on behalf of a subcontractor below the second tier.
However, the restrictions apply regardless of the dollar value and at any tier if the subcontractor
significantly assisted the prime contractor in negotiation of the prime contract or if the employee
recommended the particular subcontractor to the prime contractor as a source.
You should understand that all procurement officials must certify that they are familiar with the
provisions of the Procurement Integrity Act and have complied with those provisions. This certification
may serve as a basis for a false statement allegation if the employee has violated any of these
provisions.
J. 18 USC 1001
"Whoever, in any matter within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies; conceals or covers up by any trick, scheme, or device a material
fact, or makes any
MP1022
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