4.2 Scope. This chapter applies to all Service employees.
4.3 Policy. It is the policy of the Service to comply with all ethics laws, regulations, policies, and other directives pertaining to the acquisition system.
4.4 Authorities. The following list cites some of the principal authorities of ethical standards for the procurement function.
A. Executive Order 12731 of October 17, 1990: "Principles of Ethical Conduct for Government Officers and Employees."
B. Federal Acquisition Regulation part 3, as codified in
48 CFR 1, "Improper Business Practices and Personal Conflicts of Interest."
C. Procurement Integrity Act, section 27 (41 U.S.C. 423), as amended by section 814 of the FY 90/91 National Defense Authorization Act, P.L. 101-510.
4.5 Contracting with Government Employees. Federal Acquisition Regulation 3.601 prohibits the award of contracts to Government employees or business organizations "substantially owned or controlled" by Government employees. The Service has extended this policy to prohibit such awards to the immediate family members of U.S. Fish and Wildlife Service employees, and to firms owned or substantially controlled by such family members. Exceptions may be made only when there is no reasonable alternative; offering the lowest price is not a sufficient reason to invoke this exception. Approval by the HCA is necessary prior to entering into a contract with a Government employee or an immediate family member of a Service employee. A memorandum explaining the exceptional circumstances and the other alternatives considered should be directed to the servicing CGS office for concurrence prior to being submitted to Washington CGS.
4.6 Post-employment Restrictions. Former Government employees are restricted for 2 years in representing a contractor before the Government in relation to any contract on which the former employee worked while employed by the Government in accordance with 18 U.S.C. 207.
4.7. Reporting Irregularities and Fraud, Waste, or Abuse. Responsibility for oversight of the acquisition function rests primarily with the Washington Office, CGS. However, employees who discover evidence of irregularities or possible fraud, waste, or abuse are encouraged to report the information to the HCA in the Washington Office, to the CGS, or to the Office of the Inspector General. Reports will be accepted orally or in writing. To permit a successful follow-up, anonymous reports must include complete and specific information.
4.8. Procurement Integrity.
A. Program managers, members of evaluation and selection boards, and other Service employees are prohibited from contacting offerors regarding their proposals except with advance approval of the contracting officer or other designated source selection authority. This is necessary to preserve the integrity of the competitive procurement process.
B. Certification Requirements. Individuals who will serve the Government as procurement officials must sign DI-1957, Procurement Official's Certificate of Procurement Integrity on Individual Contract Actions, as prescribed in FAR 3.104 and DIAR 1403.104. DI-1957A, Procurement Official's Certificate of Procurement Integrity, is prescribed for use when the head of the contracting office requests an additional certification; DI-1957B, Procurement Official's Certificate of Procurement Integrity, is prescribed for use when a procurement official leaves the Government during the conduct of a procurement; and DI-1960, Conflict of Interest Certificate, is prescribed for use by proposed evaluators and advisors. Privacy Act Notice to Employees and Officials, signed by procurement officials, authorizes collections of information. An employee who is uncertain of the applicability of certifications should consult the Chief of the servicing contracting office.