Section: Sponsored Program Administration
The "Procurement Integrity" section of Section 27 of the OFPP Acts Amendment of 1988 forbids certain actions by universities and their staff members who are involved in the creation and submission of proposals to federal agencies as well as any subsequent contract discussions. This law may have an impact on how you interact as a consultant with any government agency as well as how you communicate with federal program and procurement officials. It is crucial that you comprehend both the legislation' scope and core principles.
The conduct of administrative staff and main investigators that is forbidden is particularly significant. Simply put, such individuals are not permitted to:
a) discuss any potential future employment with government officials
b) provide anything of value to government officials or their families
c) solicit proprietary or source selection information from a government official while the government is reviewing proposals in anticipation of making an award.
Loss of contract awards (or a portion thereof) and suspension or exclusion from receiving any federal awards are possible consequences of breaking the rule.
Along with the plainly stated restrictions, many people are now questioning whether they are permitted to work as government consultants in the creation of long-term plans for research and proposal review.
The policy is applicable to all contracts, however, keep in mind that only contracts and contract revisions with a value of $100,000 or more require confirmation from you and the institution. Nevertheless, the best advice is to inquire if you believe any activity you are engaged in with the government would be covered by these rules (and hence might prevent you from submitting a proposal in response to a particular solicitation). Most governmental officials now expect such questions.
If the proposed procurement contract is $100,000 per year or more, the Director of Research and Sponsored Programs, when required by the sponsor, will fine, at the time of submission, a certification regarding concerning procurement integrity by the University.
Loss of contract awards (or a portion thereof) and suspension or exclusion from receiving any federal awards may follow a violation of these regulations.
Review and Responsibilities
By authority of the Provost and Vice President for Academic Affairs, the Office of Research and Sponsored Programs shall be responsible for reviewing this policy every four years and updating the policy as federal regulations are modified.
41 USC 423, as amended
Robert K. Glenn, Ph.D.
Next review date: December 2027 (5 years)
Origination: Provost and Vice President for Academic Affairs