Message to industry: 'do the right thing'.

• Author: Ebner, Susan Warshaw
• Position: ETHICS CORNER

Recent headlines have raised concerns about how federal procurements were handled on a variety of levels. Even if you think you know the rules, they could change or be interpreted differently, affecting the sufficiency of your offer, representations, certifications and ultimately, your performance. Certifications could become outdated, or worse, inaccurate. Profits could be affected.

The self-proclaimed "House Democratic Waste, Fraud and Abuse Truth Squad" introduced a bill entitled the Clean Contracting Act, H.R. 6069 (CCA) last fall. The bill then was referred to various committees for consideration. Some form of the CCA may pass in the 110th Congress.

These proposed changes are a harbinger of things that may come. The CCA proposes changes across the procurement landscape. For example, under the CCA, "commercial items" requiting "minor modifications" to meet federal government requirements or containing "modifications of a type customarily available in the commercial marketplace" would no longer be considered "commercial items."

Agencies would be prohibited from hiring contractors to perform contract oversight if such contractors, or their related entities, had a conflict of interest relating to the work the contractor would oversee. A contractor's ability to mitigate an apparent or actual conflict might be eliminated. Both sides of the revolving door would be tightened, and government procurement officials would be forced to disclose contractor job offers made to their relatives to deter corruption. Contractors evidencing a pattern of violating certain laws would be barred from receiving federal contracts. Only contractors affirmatively determined to have a "satisfactory record of integrity and business ethics" could be awarded contracts. These determinations could be protested.

Scope and availability of sole source, other than competitively awarded, flexible contracting, and cost reimbursement procurements would be limited. Plans for these procurements would be required and subjected to audit, Government Accountability Office and/or congressional review. "Monopoly contracts"--a task or delivery order contract of more than $10 million awarded to a single contractor--would be prohibited absent a stated exception. The quantity and dollar value of the work prime and subcontractors Could subcontract under cost reimbursement contracts would be limited. Cost contract award fee consideration would be limited, too. More information, down to the...