COE 2021 FINAL | Page 40

AVOIDANCE OF RESTRICTIONS ON TRADE BYRD AMENDMENT
BBNC will not enter into a subcontract or teaming agreement that unreasonably restricts sales by the other company directly to the U . S . Government of items made or supplied by the other company and will not otherwise act to restrict unreasonably the ability of any other company to sell directly to the U . S . Government . Conversely , BBNC will not enter into agreements where , as a subcontractor or teaming partner , we are subject to any unreasonable restriction to sell our products or services directly to the U . S . Government .
Other wrongful business practices , such as bid rigging , are equally unacceptable and prohibited under various federal statutes , including the Federal Procurement Policy Act , 41 U . S . C . A . § 401 et seq .; the Procurement Integrity Act , 41 U . S . C . A . § 423 , and various federal procurement regulations , including FAR 52.215 .
Your Responsibilities
We play fair . Our employees are expected to refrain from knowingly obtaining “ contractor bid or proposal information ” and “ source selection information ” before the award of a federal contract to which the information relates .
Refrain from bid-rigging or any similar wrongful conduct designed to undermine the competitive nature and integrity of the government ’ s procurement process .
The Byrd Amendment generally prohibits BBNC from charging costs associated with influencing , or attempting to influence , the award of a government contract . Activities which “ influence the award ” of a government contract cover a broad range , including most discussions with government personnel about procurement .
There are some exceptions to this prohibition . These “ permitted ” activities ( which include most routine marketing and contract administration functions ) are allowable under government contracts .
This area of law is complex , and it is important for employees who deal with government officials concerning solicitations or other marketing or lobbying activities to be familiar with , and to strictly comply with , the applicable laws and regulations .
If this applies to you , you are expected to work with your supervisor and the BBNC Compliance Department to ensure full compliance .
38 BBNC Code of Ethics | Ethics Hotline : 1.866.513.7078 | May 7 , 2021 | info . bbnc . net