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What
are conflicts of interest?
Government employees (hereinafter this term
includes military members) or members of their immediate family
accepting a favor, gratuity or entertainment that affects,
or gives the appearance of affecting the objectivity of the
person serving the government.
Certain post employment activities are restricted as well. (See
Post-Government Employment.)
Conflicts of interests occur when an
employee's official actions affect or appear to affect his/her private
interests, financial or non-financial.
General Rules:
Government
employees should avoid situations where their official actions affect
their private
interests, financial or non-financial.
A government
employee may not do Government work (including giving
advice or recommendations, or making decisions) on a "particular matter"
(i.e., a contract, claim, investigation, or other Government action focused
on identifiable persons) that directly affects his/her financial interests or
those of a private individual or nonfederal organization to whom he/she has
personal or business ties.
If the circumstances would cause a reasonable person with knowledge of the
relevant facts to question your impartiality in a "particular matter' (i.e.,
a contract, claim, or investigation), for which there are specific parties,
then the government employee should not do any Government work on that matter until
he/she has
told his/her supervisor of the appearance problem and gotten his or her
authorization to work on the matter. Further, the employee and his/her
supervisor
should consult in advance with the ethics counselor.
Conflicts of interest include a broad range
of violations such as bribes, gratuities, offerings, solicitations, gifts
from outside sources, gifts to superiors, etc., which involve improper
conduct or influence of a government official.
What are
the applicable statutes, rules or regulations?
18 U.S.C. § 208 Acts affecting a personal financial interest
DoD
5500.7-R (JER) Section 2-100
What are the
indicators of conflict of interest?
-
•Government employee
providing proprietary
information (bid & proposal information)
-
•Many sole source
contracts being awarded to same contractor
-
•Poor or incomplete
contract performance, but the contractor
continues to receive payment and/or additional
contracts
-
•Large payments to
consultants who are former government employees
What
regulations/statutes apply to conflicts of interest?
Generally,
DoD 5500.7-R, Joint Ethics Regulation, Sec. 2-100 and 5-300 through
303,
Standards of Ethical
Conduct for Employees of the Executive Branch
U.S.
Navy Regulations,
Chapter 11, General Regulations; Section 2
Standards of Conduct
Specifically,
To whom do I report matters involving potential conflicts of interest?
Call local NCIS office or the NCIS Fraud Hotline number at
1-800-264-6485 to report any suspicious activity.
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