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  • Question

    Can the former COR be a sub-contractor with one of his/her former prime contractors? Can that former COR do similar business with the prime if the USG customer is separate agency? How long must the former COR wait until he/she can subcontract with the prime for work supporting the agency the COR came from?


    Answer

    The answer to your question is highly dependent on the specific facts and circumstances of your situation.  Factors such as the former CORs actual role in subcontracting with the prime, how long it’s been since this individual was the COR on this contract, dollar value of the contract, etc.
     
    Therefore, we STRONGLY suggest you speak to the Contracting Officer and the Government Organization’s legal/ethics officials to get a decision based on the relevant facts.
     
    In general; lifetime bans are extremely uncommon. The more common time frames are one (1) year and sometimes two (2) years depending on the role the individual had on particular contract decision(s) and the dollar value of the contract.
     
    Additional information regarding the rules and regulations that apply to your situation include:
     
    The
    Procurement Integrity Act (PIA), defined in Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423), and its amendments regulate the conduct of federal employees who are involved in procurements and the administration of contracts.  To preserve the integrity of the federal procurement process and assure fair treatment of bidders, offerors and contractors, they govern the manner in which government and contractor personnel conduct business with each other.  The FAR Section 3.104 sets forth the regulations that implement the provisions of the PIA.
     
    The act places restrictions, limitations and prohibitions on a broad range of activity associated with federal agency procurement, including the following:
     
    1.
    Obtaining and Disclosing Information: Ban on obtaining or disclosing procurement information, source selection information or contractor bid or proposal information associated with a federal agency procurement
     
    2.
    Post-Government Employment/Compensation: One-year ban on certain government officials (with the requisite level of involvement in a federal agency procurement involving the contractor) from working for or accepting compensation from the contractor after leaving federal employment.
     
    3.
    Reporting Employment Contacts: Requirement for procurement officials, both civilian and military, to report employment contacts with a contractor.
     

    Civil penalties:
    ·  Up to $50,000 for each violation
    ·  Plus twice the amount of compensation an individual or organization received or offered for the prohibited conduct.
     
    Adverse actions:
    ·  Cancellation of the procurement
    ·  Disqualification of an offeror
    ·  Rescission of the contract
    ·  Suspension or debarment of the contractor
    ·  Personnel action (e.g., termination)
    ·  Other action in the best interest of the government

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