Attachment 7 - Code of Conduct.pdf

S-AQMMA-17-R-0163

Global Anti-Terrorism Assistance (GATA II) Department of State

Attachment 7 Code of Conduct

Section 1 Code of Conduct Requirements

1.1 General Requirements

The demeanor, competency, behavior and personal appearance of the Department’s Contractors play a role in the host nation’s and the general public’s perception and opinion of the US as a whole. To that end, the Contractor shall establish an employee code of conduct with corresponding disciplinary actions to promote efficiency, discipline, and good public relations in setting forth policy governing the conduct of its personnel working on this contract. This policy shall be provided to ATA for approval upon base contract award. This code of conduct shall be separate from the Contractor’s corporate code of conduct. This code of conduct shall include provisions addressing, but not limited to the following:

A. The contractor shall be properly prepared and demonstrate the ability to communicate across cultures and facilitate Partner Nation understanding of law enforcement strategies, policies and operations of the U.S. Government and its partners. Exhibit the highest degree of cultural sensitivity in answering participant questions and in providing anecdotal illustrations to ensure that responses are consistent with approved training materials.

B. Prohibition on interfering with any criminal, civil, and/or administrative investigations being conducted by the Department or any other US Government agency.

C. The reporting of fraud, violation of rules, regulations, or laws that come to their attention.

D. Mandatory reporting of being charged, arrested, or cited for Driving Under the Influence (DUI) or a non-traffic violation, or notified they are being investigated for a criminal offense.

E. Mandatory reporting when notified that an Order for Protection, Restraining Order, or a Harassment Order has been filed against him/her.

F. The treatment of all fellow and Government employees with respect.

G. Prohibition on publicly criticizing or ridiculing the Department (i.e., derogatory public comments about the U.S. Government, the State Department, the ATA program or foreign partners), its policies or other employees as to the performance of their duties in a manner which is defamatory, obscene, unlawful, or in any other manner with impairs the effective operation of the Department or in a manner which displays reckless or knowing disregard for the truth.

H. Prohibition on the use of any derogatory language or actions which are intended to embarrass, humiliate, or shame a person, or do anything intended to incite another to violence.

I. Prohibition on using actions or words that bring discredit to the Government.

J. Prohibition on using words or terms which hold any person, group or organization in contempt.

K. Prohibition on displaying material that may be considered discriminatory, derogatory, or biased.

L. Professional and courteous behavior.

Global Anti-Terrorism Assistance (GATA II) Department of State

M. Personal integrity and honesty.

N. Hygiene and appearance.

O. Misrepresentation/abuse of authority.

P. Solicitation, acceptance, handling, and giving of gifts

Q. Equal Employment Opportunity (EEO), in accordance with federal law.

R. Use of tobacco products.

T. Media policy.

1.2 Mandatory Provisions

The Contractor shall ensure that all personnel and subcontractors are obliged to observe and apply the provisions of this code of conduct as required in the SOW, Section C.5.1, to include the specific provisions detailed below. Failure to adhere to these provisions shall result in disciplinary action, up to and including removal from the TO.

1.2.1 Neglect of Duties

A. Failure to perform properly or neglect of duties is considered to be willful and misconduct if he/she intentionally, knowingly, or deliberately fails to perform, performs in a grossly negligent manner, or repeatedly performs negligently after prior warning or reprimand and in substantial disregard of the Government’s interests.

B. Examples of neglect of duty include, but are not limited to:

1. Unauthorized cessation of work;

2. Unreasonable delay of performance;

3. Failure to carry out assigned tasks;

4. Conducting personal business during duty hours;

5. Refusing to render assistance or cooperate in upholding the integrity of work efforts;

6. Failure to follow the chain of command;

7. Failure to report the taking of prescription or non-prescription drugs to the Contractor;

8. Unauthorized absence from work;

9. Insubordination;

10. Making false statements;

11. Fighting, or violent or seriously disruptive behavior, on or off duty;

12. Drunkenness and disorderly conduct, on or off duty;

13. Using loud obscene or abusive language ;

14. Making obscene gestures;

15. Indecent exposure;

16. Reckless display, handling, or discharge of a weapon or deadly instrument;

17. Intimidation;

18. Unauthorized and misuse of Government property, facilities, and/or resources;

19. Improper or unethical use of official credentials or authority, actual or implied;

20. Discrimination;

21. Sexual harassment;

Global Anti-Terrorism Assistance (GATA II) Department of State

22. Participation in disruptive activities that interfere with normal and efficient operations;

23. Failure to report any incidents requiring the completion of an incident report form.

1.2.2 Trafficking in Persons

The US Government has a zero tolerance policy with regard to human trafficking and the procurement of commercial sex acts. This policy includes all Contractor and subcontractor personnel, on or off-duty, for the duration of their employment under this contract. All Contractors and subcontractors must abide by FAR clause 52.222-50 Combating Trafficking in Persons. Any violators will be prosecuted to full extent of the law in both local jurisdictions and in the United States, under 18 USC 3271.

1.2.3 Contact with Foreign Nationals

A. Contractor personnel shall abide by the contact reporting policy set forth in 12 FAM 262.

B. Contractor personnel that have been granted a personnel security clearance shall abide by the reporting policy set forth in 12 FAM 570, 12 FAM 270 and report their intent to marry, cohabitate, or other contact/established relationships with foreign nationals.

1.2.4 Reporting Misconduct

A. Contractor personnel with suspicions or evidence of misconduct or wrongdoing shall report such activity to the RSO, Contracting Officer, Contracting Officer’s Representative, and Training Delivery Coordinator. Such reporting may be done anonymously.

B. Contractor personnel found to be discouraging personnel from reporting the above may be subject to disciplinary action, up to and including termination from the contract.

Section 2 Removal and Disqualification of Personnel The Department reserves the right to direct the Contractor to remove a Contractor or subcontractor employee from the worksite for failure to comply with the standards of conduct, including non-compliance while on travel status. Upon written direction from the CO or COR, the Contractor shall immediately replace the employee to maintain continuity of services at no additional cost to the Government.

Section 2 Removal and Disqualification of Personnel