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When the Government is Our Client
In the course of our employment we may directly or indirectly perform services or work related to one or more government contracts, e.g., Federal Employee Program, Indian Health Service and Medicare. When the government is our client, there are additional requirements that we must adhere to. When we act as a government contractor or subcontractor, we have a special obligation not only to the government and the beneficiaries of those government programs but also to the public at large to ensure that we perform with the highest degree of integrity. Specifically, it is our responsibility to know the terms of the government contract(s) that we are performing services for or are working on and all of the policies and procedures related to those contracts. We may also be required to sign certifications, either internal or to the government, regarding the accuracy of information or the Company's performance under the contracts. If we have any doubt regarding any aspect of the Company's performance under any government contract, it is your duty to come forward immediately.
The unique nature of doing business with the government implicates particular statutes and regulations that do not normally apply to commercial transactions. There are also a number of laws that apply to government agencies and who they do business with so that the legal obligations of these agencies "flow down" to the Company as a contractor or subcontractor. Below is a brief general summary of what we must do and what we must not do under some of these statutes and flow down provisions of our government contracts, e.g., Federal Employee Program, Indian Health Service and Medicare.
When Bidding on a Government Contract
| We Must |
We Must Not |
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Submit pricing data that contains all the facts that a prudent buyer and seller would reasonably expect to affect price
Truth In Negotiations Act |
Offer or give gifts to any procurement official or make offers or promises of future employment to government employees that are involved in the bid
Federal Procurement Integrity Act |
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Obtain non-public bid or proposal information such as cost or price data, proprietary information about techniques or indirect costs, etc., or agency source information prior to the award of the contract
Federal Procurement Integrity Act |
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See also “kickbacks” below |
In Performance of our Government Contracts
| We Must |
We Must Not |
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Obtain the necessary written approvals prior to information being used for any purpose other than as allowed under our government contracts and provide assurances that personal information about individuals collected and disclosed is limited to that which is legally authorized and necessary.
The Privacy Act of 1974 |
Offer or accept any form of kickback, i.e., money, fee, commission, credit, gift, gratuity, thing of value or compensation for the purpose of improperly obtaining or rewarding favorable treatment including obtaining unwarranted waivers of deadlines and acceptance of non-conforming goods in connection with a prime contract or subcontract.
Anti-Kickback Act |
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Protect the confidentiality and do not disclose beneficiary records regarding any assistance that such beneficiary may have received from the government related to the treatment, diagnosis, or prognosis of substance abuse
The Alcohol, Drug Abuse & Mental Health Admin. Reorganization Act |
With actual knowledge of falsity, reckless disregard for the truth or falsity, or deliberate ignorance of the truth or falsity, submit false or fraudulent claims for payment
False Claims Act |
| Honor appropriate requests from the public for government records that we create and maintain
Freedom of Information Act & Electronic Freedom of Information Act Amendments of 1996 |
Make any false statements or representations
False Statements Accountability Act |
| Provide required evaluations and reports regarding our internal accounting and administrative controls including compliance with the law, reasonable assurance and safeguards, etc.
Federal Managers Financial Integrity Act of 1982 |
Hire or do business with individuals or entities that have been debarred or excluded from participation in federal health care programs
Social Security Act, HIPAA &
Balanced Budget Act of 1997
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In Regards to Our Workplace
| We Must |
We Must Not |
| Maintain a drug-free workplace by prohibiting the manufacture, distribution, dispensation, possession or use of narcotics, drugs or other controlled substances in the workplace or while conducting Company business
Drug-Free Workplace
Act of 1988 |
Discriminate against individuals in the terms and conditions of employment based on race, color, religion, sex, national origin or age
Civil Rights Act of 1964
(Title VII)
Age Discrimination Act of 1975 |
| Take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin and identify and eliminate impediments to equal employment opportunities
Executive Order 11246
41 CFR Part 60-2
Federal Acquisition Regulations Subpart 22.8 |
Discriminate against individuals in the terms and conditions of employment based on disability or perceived disability
Americans with Disability Act and Rehabilitation Act of 1973 |
| Take affirmative action to ensure that veterans and disabled veterans are provided equal employment opportunities
Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era |
Offer to hire, hire or otherwise do business with certain current or former governmental employees |
Failure to comply with these laws, the terms of our government contracts and Company policies and procedures can:
- Jeorpardize the Company's ability to participate in any government programs;
- Result in the loss of a particular government contract;
- Require the Company to refer your actions to the appropriate law enforcement authorities, a government agency or others, which could lead to criminal or civil prosecution of both you and the Company; and/or
- Subject you to the full range of disciplinary actions, up to and including termination.
If an issue should arise or if you have any doubts or questions regarding government contracts you should contact your Supervisor, a higher level Supervisor, any of the Corporate Resources or call the Corporate Integrity Hotline
(1-800-838-2552). |
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