3.9000  General

(a)  The Agency ethics official is the DISA General Counsel.

(b)  In order to ensure the public trust given to federal employees, it is imperative that Agency personnel not accept any gratuities provided in connection with the performance of official duties (see Section 7 of the Office of Federal Procurement Policy Act [41 U.S.C.423], as amended, and Joint Ethics Regulations (JER), DoD 5500.7-R). The definition of gratuities includes attendance at conferences and contractor demonstrations.

(c)  Every attempt should be made by federal employees to preclude the appearance of a potential unfair advantage that may be obtained by a vendor hosting a gathering of mutual interest to Government and industry. In addition, such attendance may appear to create a bias toward the particular vendor's products or create the perception that the training allowed for undue vendor influence over Agency acquisitions. Any attendance at such gatherings must be balanced with the Government's need to become knowledgeable about products and technological developments.

(1)  Personnel may participate in gatherings of mutual interest to Government and industry when the host is an industrial, technical, or professional association (not an individual defense contractor or commercial firm), provided that these gatherings have been approved in accordance with 32 CFR Part 237a. Participation in industrial events of national and international interest requires advance approval by the Assistant Secretary of Defense (Public Affairs).

(2)  When a determination has been made that attendance at a widely attended gathering is in the interest of the Agency because it shall further Agency programs or operations, an employee may accept an offer of free attendance at all or appropriate parts of the gathering. A gathering is widely attended if it is open to members from throughout a given industry or profession, or if those in attendance represent a range of persons interested in a given matter. Free attendance may include waiver of all or part of a conference or other fee or the provision of food, refreshments, entertainment, and instruction materials furnished to all attendees as an integral part of the event. It does not include travel expenses, lodgings, entertainment collateral to the event, or meals taken other than in a group setting with all other attendees.

(3)  Attendance by personnel at contractor demonstrations must be considered on a case-by-case basis. Permission to attend such gatherings must take into consideration whether the demonstration is available to the general public, as well as whether or not the personnel who wish to attend the demonstration are involved "personally and substantially" in activities relating to a specific procurement. Under normal circumstances, the attendance at a competing contractor's facility is prohibited if the procurement process has begun. A competing contractor, with respect to any procurement of property or services, means any entity legally capable of entering into a contract or subcontract in its own name that is, or is reasonably likely to become, a competitor for or recipient of a contract or subcontract under such procurement, and includes any other person acting on behalf of such an entity; the term also includes the incumbent contractor in the case of a contract modification.

(4)  Attendance at vendor-hosted gatherings may also create a need to contact other vendors as to availability of similar demonstrations to allow the Government to obtain a balanced understanding of the market. This contact, along with subsequent attendance at other, similar vendor hosted gatherings, shall enable the Government to obtain a balanced understanding of the market.

(5)  If, as a result of a market survey conducted to identify sources, an announcement is placed in the "FedBizOpps" that states that site visits and/or product demonstrations may be conducted with all interested offerors, attendance may be authorized to those potential competing contractors offering such visits and/or demonstrations.

(6)  Prior to scheduling any such visit or demonstration as enumerated in the foregoing paragraphs, it must be coordinated with the activity's legal counsel and the cognizant contracting officer. Coordination with the legal counsel and the contracting office should occur at the earliest possible point of the planning stage to preclude unnecessary efforts by any interested party.