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Nov 16, 2007



All this proposed language basically says is that if a company is not disbarred, award the contract. The written code of business ethics and conduct” is just another empty mission statement.
Too many loopholes are present such as outside the US exception ((remember Coalition Provisional Authority (CPA) and personnel security firms)) or commercial items (a break for IT firms. The DoD already has their Voluntary Disclosure Program as get out of jail loophole so a warm fuzzy written statement doesn’t mean much except as more FAR window dressing

K Street Buddy, Redux

Idea for POGO to consider:

Just as there are good reasons to question the processes for requiring contractors to have ethics and values and compliance programs, and positive track records in this regard, there are good reasons to turn the same spotlight on USG employees and their organizations. The govt has much more elaborate and longstanding safeguards.

Yet career government employees have a long list of successful criminal prosecutions for fraud and theft (Army, Iraq are just the latest), criminal privacy invasion (IRS), bribe or illicit quid pro quo behavior (AF tanker case-like matters). These don't even count government behaviors that are equivalent to companies settling False Claims Act suits with no admission of wrongdoing that POGO catalogs as certified bad behavior in its Encyclopedia of Lying & Stealing Contractors (ELSC in trade lingo). There's a reason that FBI public corruption investigations have been going up and that IG investigations are getting trashed with such vigor and panic.

Why don't we disqualify from acquisition activity government officials who were, say, two degrees from the situs of sordid contracting events, ban awards or administration of contracts by contract shops that have done bad things, and send to the showers program offices' officials who concoct on their own or with contractors knowingly unrealistic timeframes, budgets, and specs for dumb programs. Real, large-scale, egregious, dangerous-for-consumers/warfighters waste and abuse kinds of things.

These measures would sort of level the vast playing field of miscreations. Unfortunately, these measures would ban from the field so many career and political govt employees that we'd have to consider resorting to, pardon the use of the term, contractors, to fill some of the void.

Whaddya think of this not-fully-baked idea?

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