Common use of Code of Business Ethics and Conduct Clause in Contracts

Code of Business Ethics and Conduct. (a) Within 30 days after contract award, unless SDSTA establishes a longer time period, the Subcontractor shall— (i) Have a written code of business ethics and conduct; (ii) Make a copy of the code available to each employee engaged in performance of the contract. (b) The Subcontractor shall— (i) Exercise due diligence to prevent and detect criminal conduct; and (ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law. (c) The Subcontractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to SDSTA, whenever, in connection with the award, performance, or closeout of this contract or any Subcontract thereunder, the Subcontractor has credible evidence that a principal, employee, agent, or Subcontractor of the Contractor has committed— (i) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or (ii) A violation of the civil False Claims Act (31 U.S.C. 3729-3733). (d) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Subcontractor’s disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by the law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Subcontractor. The Government may transfer documents provided by the Subcontractor to any department or agency within the Executive Branch if the information relates to matters within the organization’s jurisdiction. (e) If the violation relates to an order against a Government wide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Subcontractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

Code of Business Ethics and Conduct. (a1) Within 30 days after contract award, unless SDSTA the Contracting Officer establishes a longer time period, the Subcontractor Contractor shall— (i) Have a written code of business ethics and conduct;; and (ii) Make a copy of the code available to each employee engaged in performance of the contract. (b2) The Subcontractor Contractor shall— (i) Exercise due diligence to prevent and detect criminal conduct; and (ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law. (ci) The Subcontractor Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to SDSTAthe Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any Subcontract subcontract thereunder, the Subcontractor Contractor has credible evidence that a principal, employee, agent, or Subcontractor subcontractor of the Contractor has committed— (iA) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or (iiB) A violation of the civil False Claims Act (31 U.S.C. 3729-3733). (dii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the SubcontractorContractor’s disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by the law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the SubcontractorContractor. The Government may transfer documents provided by the Subcontractor Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization’s jurisdiction. (eiii) If the violation relates to an order against a Government wide Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Subcontractor Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.