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  • Question

    Can I bid on government contracts world wide as a service connected disabled veteran, minority, black owner small business?


    Answer

    It would be prudent to discuss this with an ethics official at your agency before taking any action to ensure the specifics of your scenario are fully vetted and the government's best interests are protected. 


    The Federal Acquisition Regulation (FAR) prohibits an agency from knowingly awarding a contract to a federal employee or a firm owned or controlled by a federal employee unless exceptions are applicable.  See FAR
    Subpart 3.6 -- Contracts with Government Employees or Organizations Owned or Controlled by Them.

    In relevant part,
    FAR 3.601 provides the following concerning the award of contracts to firms owned or controlled by government employees: 
     
    3.601 Policy.

    (a) Except as specified in
    3.602, a contracting officer shall not knowingly award a contract to a Government employee or to a business concern or other organization owned or substantially owned or controlled by one or more Government employees. This policy is intended to avoid any conflict of interest that may arise between the employees’ interests and their Government duties, and to avoid the appearance of favoritism or preferential treatment by the Government toward its employees.
    (b) For purposes of this subpart, special Government employees (as defined in 18 U.S.C. 202) performing services as experts, advisors, or consultants, or as members of advisory committees, are not considered Government employees unless—
    (1) The contract arises directly out of the individual’s activity as a special Government employee;
    (2) In the individual’s capacity as a special Government employee, the individual is in a position to influence the award of the contract; or
    (3) Another conflict of interest is determined to exist.
     
    In relevant part, FAR 3.602 provides the following exceptions:
    3.602 Exceptions.
    The agency head, or a designee not below the level of the head of the contracting activity, may authorize an exception to the policy in 3.601 only if there is a most compelling reason to do so, such as when the Government’s needs cannot reasonably be otherwise met.


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