Findings of Misconduct by Two Current Senior FBI Officials and One Retired FBI Official While Providing Oversight on an FBI Contract
FOUND 2017 FBI POLICY RE: PERSONAL SERVICE CONTRACTS
SEE PICS
sauce:
https://vault.fbi.gov/personal-services-contracts-policy-directive-0957d/Personal%20Services%20Contracts%20Policy%20Directive%200957D%20Part%2001%20of%2001
Looks like the FBI Contractor was performing "acquisition functions closely associated with inherently governmental functions."
SEE PIC 3
Nov.02.2011
On November 2, 2011, the government issued a final rule amending the Federal Acquisition Regulation ("FAR") to include new provisions governing personal conflicts of interest of contractor and subcontractor employees supporting or performing certain government acquisition functions.
Overview
Government employees, both military and civilian alike, are prohibited by federal law from having financial or other interests that conflict with their government duties. Acknowledging that certain work performed by government contractor employees could give rise to similar conflicts of interest, Section 841(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, for the first time imposes personal conflict of interest ("PCI") restrictions on contractor personnel. These new rules are separate and apart from the organizational conflict of interest restrictions imposed on organizations under FAR Part 9.5
Effective November 2, 2011, the FAR Councils, in consultation with the Office of Federal Procurement Policy, issued a final rule concerning personal conflicts of interest. This rule imposes significant new and potentially burdensome compliance requirements on federal contractors and subcontractors that support or perform "acquisition functions closely associated with inherently governmental functions."
CONCLUSION THAT CAN BE DRAWN
Since there was a finding of "FBI contractor failed to adhere to personal conflict
of interest rules under the FAR."
and
"Only contract work for "acquisition functions closely associated with inherently governmental functions," which includes any work providing or supporting the provision of "advice or recommendations with regard to the following activities of a Federal agency," are covered by the new rule (FAR PERSONAL CONFLICT OF INTEREST RULE)"
then we must conclude this FBI Contractor was involved in activities such as:
Planning acquisitions;
Determining what supplies or services are to be acquired by the Government, including developing statements of work;
Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.
Evaluating contract proposals;
Awarding Government contracts;
Administering contracts;
Terminating contracts; and
Determining whether contract costs are reasonable, allocable, and allowable.