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Procurement Integrity

Sometimes you may inadvertently obtain or receive confidential information related to Government procurement. You may never use this information, whether verbal or written, unless the information is publicly available or provided officially by the Government.

If you receive such information, promptly notify your supervisor and the Mission Solutions Law Department.
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SINGLE/SOLE SOURCING

Sometimes Fluor is the only bidder on a Government procurement. Special rules apply to preparing bids and proposals in single and sole-source situations.

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FLUOR SUBCONTRACTING

The same rules that apply to Fluor’s prime contract also apply to our subcontracting process if the work is to be done under a Government contract. Our subcontractors must abide by the same rules that we are held to as the prime contractor. Fluor is required to flow down certain Government clauses to our subcontractors and suppliers.

Common Questions

    First, do not open the email. There are clear indicators in this message that it contains competition-sensitive source selection information, which means it is restricted for authorized Government personnel. You should not reply to or forward the message, and promptly notify your supervisor and the Mission Solutions Law Department for proper handling instructions.

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    It may. The Government contracting officer may believe our design work gives us an unfair competitive advantage in the build phase of this project. If so, we need to be prepared to demonstrate that our design does not favor us in the competition, or to show how the playing field can be leveled to neutralize any advantage that we might derive from our design work. In future procurements of this type, you should consult with the Mission Solutions Law Department before seeking the design contract in order to make an informed decision as to whether the design work will create an unacceptable OCI.

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    Organizational Conflicts of Interest

      Fluor is subject to special rules related to organizational conflicts of interest (OCI) as a Government contractor. Basically, an OCI occurs when, because of a pre-existing business relationship or project, Fluor has a potential unfair competitive advantage or could be seen as biased (having impaired objectivity) in obtaining or performing Government work. For example, Fluor might help a state government develop specifications for a project that will be funded and managed by the Government. Fluor could be perceived to have an unfair competitive advantage if it were to bid on the federal contract, since it helped develop the specifications. Our company must promptly disclose all actual or potential OCI situations to the Government, so be sure to alert your supervisor promptly if you become aware of an OCI. Often, safeguards can be put in place to mitigate potential OCI issues and allow us to perform that work.

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      It can be difficult to identify an OCI. Generally, an OCI may arise when, because of its other pre-existing activities or relationships:

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      Areas where we need to exercise caution include where Fluor is:  

      It is important to note that we must avoid even the appearance of any of the above elements. These rules apply to all of our business activities, including work performed by or bid on by different groups of Fluor.

      Mission Solutions maintains a database of all customers for which Fluor performs work. Fluor must certify that our subcontractors have no OCI. If you have any OCI-related questions or issues, you should consult the Mission Solutions Law Department or the GCM for your project.

      Common Questions

        These two contracts might create an “impaired objectivity” OCI. That is, FEMA may believe that one part of the company can’t be relied on to be objective in evaluating the work of another part of the company. If there is an OCI, we may need to make a business decision as to which contract to seek, or to develop a plan to neutralize or avoid the OCI. You should consult with your supervisor, the Mission Solutions Law Department and the leadership of the other group that is interested in the FEMA support contract immediately.

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        Hiring Current and Former Government Officials

        Federal, state and local governments that contract with Fluor have strict rules and regulations on hiring or even discussing the potential hiring of their employees. These rules are based on the concern that such offers or discussions about hiring could improperly influence the government employee’s ability to treat Fluor objectively. Many senior government and contracting officials have rules prohibiting them from working for a private sector contractor, like Fluor, for a period of time after they leave the government. These rules also apply to hiring a former Government official into the commercial part of Fluor.

        While it may be possible to hire Government employees in certain instances, proper precautions must be taken. Before engaging in even preliminary suggestions to, or discussions with, a Government employee, you must get detailed advice from the Mission Solutions Human Resources Department and Mission Solutions Law Department on whether and how such discussions should occur.

        It is also critical that you understand and strictly adhere to the limitations applicable to former or recent Government officials when they become Fluor employees. Once employed by Fluor, a former Government official may be subject to restrictions on the type of work they can perform, or communications they can make to Government officials. For example, if a former Government official had been personally and substantially involved with a particular action, such as a contract award, this person cannot communicate with the Government on behalf of Fluor about that contract.

        Common Questions

          No. You may not even mention or hint at the possibility to the Government employee. Check with the Mission Solutions Human Resources Department and Mission Solutions Law Department for advice first.

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          Gifts, Entertainment, and Business Courtesies

            U.S. federal and state government agencies have strict rules prohibiting giving business courtesies to government employees. What are considered normal business courtesies in the non-government world can be illegal when government employees are involved. Giving a “business courtesy” is defined as offering something of value for which the recipient does not pay fair market value. Such courtesies may include gifts, meals and other favors (whether we bill the Government for them or not). Permitted gifts, meals and favors vary by agency, so it is our responsibility to know and follow the specific rules that apply to us. Violations of these rules can result in loss of the contract, loss of Fluor’s ability to do other Government work and even criminal prosecution of our company and the individuals involved.

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            Common areas of concern:

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            The 20/50 Rule

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            Supplier Relationships

            Common Questions

              It is possible to have a personal relationship with employees of Government agencies, and you may invite the couple to your home for dinner. However, taking them out to a restaurant or providing a catered dinner at your house would not be acceptable, since it might bring his objectivity into question or create the appearance that you are attempting to influence him.

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              It is probably acceptable. The cost of the trophy is not the measure of its value—the intrinsic value of the trophy or the trophy materials becomes the measure. If the trophy has no market value, and contains no materials that have intrinsic value (such as crystal or precious metals), then it is excluded from the definition of a gift. If you are unsure whether you should provide anything of value to a Government employee, you should seek guidance from the GCM for your project, Mission Solutions Compliance and Ethics or Mission Solutions Law Department.

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