2011 US Code
Title 41 - Public Contracts
Subtitle I - Federal Procurement Policy (§§ 101 - 4711)
Division B - Office of Federal Procurement Policy (§§ 1101 - 2313)
Chapter 23 - MISCELLANEOUS (§§ 2301 - 2313)
Section 2303 - Ethics safeguards related to contractor conflicts of interest
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 41 - PUBLIC CONTRACTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 41 - PUBLIC CONTRACTS Subtitle I - Federal Procurement Policy Division B - Office of Federal Procurement Policy CHAPTER 23 - MISCELLANEOUS Sec. 2303 - Ethics safeguards related to contractor conflicts of interest |
Contains | section 2303 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 111-350, §3, Jan. 4, 2011, 124 Stat. 3735. |
Statutes at Large References | 122 Stat. 4537, 4539 124 Stat. 3735, 3854 |
Public Law References | Public Law 110-417, Public Law 111-350 |
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(a)
(b)
(1)
(2)
(A) define “personal conflict of interest” as it relates to contractor employees performing relevant acquisition functions; and
(B) require each contractor whose employees perform relevant acquisition functions to—
(i) identify and prevent personal conflicts of interest for the employees;
(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;
(iii) report any personal conflict-of-interest violation by an employee to the applicable contracting officer or contracting officer's representative as soon as it is identified;
(iv) maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;
(v) have procedures in place to screen for potential conflicts of interest for all employees performing relevant acquisition functions; and
(vi) take appropriate disciplinary action in the case of employees who fail to comply with policies established pursuant to this section.
(3)
(A)
(i) the personal conflicts-of-interest policy developed under this subsection; and
(ii) the contractor's responsibilities under the policy.
(B)
(i) contracts entered into on or after that effective date; and
(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 October 14, 2008.
(4)
(A)
(B)
(c)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3735.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2303(a) | no source. | |
2303(b), (c) | 41:405c(a), (c). | Pub. L. 110–417, [div. A], title VIII, §841(a), (c), Oct. 14, 2008, 122 Stat. 4537, 4539. |
In this section, the words “relevant acquisition functions” are substituted for “acquisition functions closely associated with inherently governmental functions” because of subsection (a).
In subsection (b), the words “Not later than 270 days after the date of the enactment of this Act” are omitted because of section 6(f) of the bill.
In subsection (b)(4)(A), the words “Except as provided in subparagraph (B)” are omitted as unnecessary.
Deadline for Issuance of Standard PolicyPub. L. 111–350, §6(f)(1), Jan. 4, 2011, 124 Stat. 3854, provided that: “The requirement in section 2303(b)(1) of title 41, United States Code, to issue a policy shall be done not later than 270 days after October 14, 2008.”
Review of Federal Acquisition Regulation Relating to Conflicts of InterestPub. L. 110–417, [div. A], title VIII, §841(b), Oct. 14, 2008, 122 Stat. 4539, provided that:
“(1)
“(A) identify contracting methods, types and services that raise heightened concerns for potential personal and organizational conflicts of interest; and
“(B) determine whether revisions to the Federal Acquisition Regulation are necessary to—
“(i) address personal conflicts of interest by contractor employees with respect to functions other than those described in subsection (a) [now 41 U.S.C. 2303(b)]; or
“(ii) achieve sufficiently rigorous, comprehensive, and uniform government-wide policies to prevent and mitigate organizational conflicts of interest in Federal contracting.
“(2)
“(3)
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