Office of Federal Procurement Policy Act, Pub. L. No. 93-400, as amended, 41 U.S.C. §401 et seq.
The Act (which has been amended numerous times) established the Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) as the central executive branch organization for “overall direction of procurement policies, regulations, procedures, and forms.”
The law applies broadly to procurement, requiring agencies to designate senior procurement officials, declaring policy and addressing such areas as procurement notices in the Commerce Business Daily (and by other means), procurement data reporting, conflicts of interest, and procurement integrity (ethics).
With regard to the procurement integrity, this Act prohibits a Federal employee from soliciting or discussing employment with a contractor during the procurement process. It bars Federal employees from engaging in any action during a procurement process that would affect his or her negotiations for future employment. It also bars the contractor from offering employment. Other prohibited actions include offering or accepting a gratuity (thing of value), or asking for or passing on information that is proprietary or related to a source selection.
The Act also places certain restrictions on a former Federal employee when representing a contractor before the Government on any contract action on which he or she worked while a member of the Government.
The act requires that persons in the procurement process avoid any appearance of:
- Using public office for private gain.
- Giving preferential treatment.
- Impeding Government efficiency or economy.
- Losing independence or impartiality.
- Making Government decisions outside official channels.
- Adversely affecting the confidence of the public in the Government’s integrity.
Much of the conduct that the act prohibits is also covered by other statutes and regulations.