Tracking Innovations Commitments to Government Customers
When working with government customers, we must be aware and abide by the special
laws, regulations and procedures that apply to government contract work. It is important
to note that many government contracting rules are far more detailed than the guidelines
set forth in this section. In addition, state, local and foreign governments may
also have special rules that apply. To ensure compliance, all of us who work on
government contracts must familiarize ourselves with and follow the laws, rules
and regulations that pertain to our work.
The consequences for violating government contracting rules are serious, both for
our Company and the individuals involved. If you have questions or concerns, seek
advice from our CIO.
Selling to Government Customers
At times, we may inadvertently come to know confidential information relating to
government procurement. Common examples of this type of information include nonpublic
bid or proposal information, cost or pricing data, proprietary information about
techniques or indirect costs or agency source information. We may never seek to
obtain this information and cannot use it in any way, especially to prepare a bid
or proposal. If you become aware of confidential information related to government
procurement, notify our CIO immediately.
The law also imposes stringent requirements on us when we develop and negotiate
contract proposals. We must always ensure the cost data we provide to government
contract negotiators is accurate and complete. The pricing data we submit must contain
all the facts that a prudent buyer or seller would reasonably expect to affect pricing.
Finally, we must exercise caution when engaging third parties. At no time may we
engage any company that is owned by a government employee to be a Tracking Innovations
subcontractor, vendor or other business partner. In addition, we may not engage
any agent or consultant who claims to have influence with government officials or
who you believe will exert improper influence to win a government contract.
Working on Government Contracts
When we are part of a team working on a government contract, special rules and regulations
apply to us. First and foremost, we must always be truthful and accurate when dealing
with government employees, officials and agencies. This means that we must:
- Know and comply with all contract requirements
- Ensure all reports, certifications and statements to the government are current,
accurate and complete
- Before charging time or costs to a project, make sure it is permissible and allowable
to do so
- Assign all time allocations and costs to the proper category, as well as the appropriate
contract
- Retain records in accordance with contract requirements
- Never dispose of written records or other documentation until the required retention
period has ended
- Use government property for specified purposes only, and never for personal or non-contractual
use
Regulations also require that we fulfill our contracts completely and in accordance
with contract terms. Deviating from a contract’s specifications without authorization—such
as by making substitutions in materials or vendors or by failing to perform required
tests and inspections—is prohibited.
Exchanging Gifts and Entertainment with Government Employees
Many U.S. government agencies have strict rules prohibiting giving gifts, meals
and favors to government employees. While the rules vary by agency, it is our responsibility
to know these rules and follow them. Common areas where issues arise include the
following:
- Paying for business meals with Tracking Innovations’ funds
- Providing entertainment, such as sporting events
- Giving gifts of more than nominal value
Even if you plan to give a gift or favor or to offer entertainment that does not
fall within the categories listed above, you must still ensure that it does not
violate the guidelines of the agency with which you are working. Seek guidance from
our CIO prior to offering a gift or entertainment, no matter how nominal in value
it may be.
Of course, no offer of a gift or entertainment may be made with the intent to influence
a government employee’s actions. For more information, see the “Following Anti-Bribery
Laws” section of our Code.
Discussing Employment with Government Employees
We must always comply with the strict rules and regulations that govern hiring or
discussing an employment opportunity with a government employee (or his or her family
member) who is involved in administering our contracts. While it may be possible
to hire government employees or their family members in certain instances, the proper
precautions must be taken. Before engaging in even preliminary suggestions or discussions,
you must obtain permission from our CIO.
Protecting Government-Classified Information
In connection with the work we do on behalf of the government, each of us must also
take steps to protect government-classified information. We may only make this information
available to other associates who have a need to know the information and hold the
appropriate government clearance.