Today at Berkeley Lab nameplate Berkeley Lab
Wednesday, June 9, 2004


















June 2004

The selection of a prime contractor to operate the Lawrence Berkeley National Laboratory through a formal bidding process requires the existing workforce of the Laboratory to abide by certain restrictions related to that competition. Some of these restrictions are extensions of existing employee conduct requirements and others are unique to the competition itself.

Employee Time and Effort

The cost of any bid and proposal by the University for continued operation of the Laboratory cannot be charged as ordinary operating expenses of the Laboratory. The University has made arrangements to assure that costs incurred for bid and proposal are not charged to the contract. Bill Barletta has been detailed to the University to act as the Acquisition Manager for any bid and proposal effort, and Laboratory employees will not be involved in a bid and proposal unless tasked by Bill to do so and provided the necessary information for charging that time and effort. Very few Laboratory employees will be involved in the bid and proposal effort even though each employee can contribute to the success of any University bid by performing in an outstanding manner. Employees are encouraged to continue to look for ways to improve Laboratory performance and to make those ideas known to their management. Performance improvement is not a bid and proposal cost.

Employment Involvement with Prospective Bidders

The Department of Energy has asked us to remind all Laboratory employees that working with a potential bidder for the prime contract, other than the University, is covered by DEAR 970.5204, incorporated into the Laboratory prime contract as Clause 12.2. The relevant part of that clause is as follows:

"The Contractor shall require all employees who are employed full-time (an individual who performs work under the cost-type contract on a full-time annual basis) or part-time (50 percent or more of regular annual compensation received under terms of a contract with DOE) on the contract work to disclose to the Contractor all consultant or other comparable employment services which the employees propose to undertake for others. The Contractor shall transmit to the Contracting Officer all information obtained from such disclosures...."

It is not the University's or DOE's intent to restrict the ability of employees to seek outside employment consistent with their obligations to the work under the prime contract. However, both the University and DOE are required to ensure procurement integrity associated with competition, in addition to the routine ethical requirements that come into play at all times, such as not using Laboratory time and equipment for activities not related to the performance of prime contract. Accordingly Laboratory employees who are approached by and are interested in working with potential bidders other than the University, must disclose the potential arrangement and obtain consent before doing so. Further, it is improper for Laboratory employees so employed to either provide the University with information about a potential competitor's proposal or to provide proposal information of the University to a potential competitor. (University proposal information will be marked with an appropriate restriction statement; information that is not marked is not subject to this limitation. Employees should abide by restrictive legends on any document whether it involves University proposal information or otherwise.) In reviewing requests for outside employment involving a potential competitor the University and DOE will be considering whether that activity can be performed consistent with the needs of the current prime contract effort and meeting all of the obligations for procurement integrity.

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