EMPLOYEE CONDUCT RELATED TO CONTRACT COMPETITION
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. Back
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