§ 105-735.502 Laws applicable to GSA personnel. There are legal prohibitions concerning the following activities which may subject present and former GSA personnel to criminal or other penalties: (a) Aiding, abetting, counseling, commanding, inducing, or procuring another to commit a crime under any criminal statute (see 18 U.S.C. 2). (b) Concealing or failing to report to proper authorities the commission of a felony under any criminal statute if such personnel knew of the actual commission of the crime (see 18 U.S.C. 4). (c) Conspiring with one or more persons to commit a crime under any criminal statute or to defraud the United States, if any party to the conspiracy does any act to effect the object of the conspiracy (see 18 U.S.C. 371). (d) Lobbying with appropriated funds (see 18 U.S.C. 1913). (e) Disloyalty and striking (see 5 U.S.C. 7311, 18 U.S.C. 1918). (f) Disclosure of classified information (see 18 U.S.C. 798, 50 U.S.C. 783); and disclosure of confidential information (see 18 U.S.C. 1905). (g) Habitual use of intoxicants to excess (see 5 U.S.C. 7352). (h) Misuse of a Government vehicle (see 31 U.S.C. 638a(c)(2)). (i) Misuse of the franking privilege (see 18 U.S.C. 1719). (j) Deceit in an examination or personnel action in connection with Government employment (see 18 U.S.C. 1917). (k) Committing fraud or making false statements in a Government matter (see 18 U.S.C. 1001). (1) Mutilating or destroying a public record (see 18 U.S.C. 2071). (m) Counterfeiting and forging transportation requests (see 18 U.S.C. 508). (n) Embezzlement of Goverment money or property (see 18 U.S.C. 641); failing to account for public money (see 18 U.S.C. 643); and embezzlement of the money or property of another person in the possession of an employee by reason of his Government employment (see 18 U.S.C. 654). (0) Unauthorized use of documents relating to claims from or by the Government (see 18 U.S.C. 285). (p) Certain political activities (see 5 U.S.C. 7321-7327 and 18 U.S.C. 602, 603, and 607). (q) Any person who is required to register under the Foreign Agents Registration Act of 1938 (see 18 U.S.C. 219) may not serve the Government as an officer or employee. The section does not apply to Reserves who are not on active duty or who are on active duty for training, or a special Government employee in any case in which the department head certifies to the Attorney General that his or her employment by the United States Government is in the national inter est. (r) Soliciting contributions for gifts or giving gifts to superiors, or accepting gifts from subordinates (see 5 U.S.C 7351). (s) Acceptance of excessive honorariums (see 2 U.S.C. 441(i)). (t) Acceptance, without the consent of the Congress, of any present, employment, office or title, of any kind whatever, from any king, prince, or foreign state by a person holding any office of profit or in trust of the Federal Government. (Art. 1, Sec. 9, U.S. Constitution, and Pub. L. 95-105, Foreign Gifts and Decorations Act of 1966, as amended). (See 5 U.S.C. 42) and the current issuance of GSA Order. Acceptance of gifts and decorations from foreign governments by GSA employees (OAD 7880.2). [45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25310, May 6, 1981] § 105-735.503 Code of ethics for Government service. All GSA personnel shall adhere to the Code of Ethics for Government Service (Pub. L. 96-303, unanimously passed by the Congress of the United States on June 27, 1980, and signed into law by the President on July 3, 1980). Copies of the code shall be prominently posted throughout offices and other spaces as required by regulations of the Public Buildings Service implementing Pub. L. 96-303. The code provides: (a) Any person in Government service should: (1) Put loyalty to the highest moral principles and country above loyalty to persons, party, or Government department. (2) Uphold the Constitution, laws, and legal regulations of the United States and of all governments therein and never be a party to their evasion. (3) Give a full day's labor for a full day's pay, giving earnest effort and best thought to the performance of duties. (4) Seek to find and employ more efficient and economical ways of getting tasks accomplished. (5) Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept, for himself or herself or for family members, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of governmental duties. (6) Make no private promises of any kind binding upon the duties of office, since a Government employee has no private word which can be binding on public duty. (7) Engage in no business with the Government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties. (8) Never use any information gained confidentially in the performance of governmental duties as a means of making private profit. (9) Expose corruption wherever discovered. (10) Uphold these principles, ever conscious that public office is a public trust. [45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25310, May 6, 1981] Subpart 105-735.6—Violation of Post Federal Employment Prohibitions AUTHORITY: Sec. 501(a), 92 Stat. 1867 (18 U.S.C. 207(J); 5 CFR 737.27). SOURCE: 47 FR 6848, Feb. 17, 1982, unless otherwise noted. § 105-735.601 General. (a) The Director, GSA Office of Ethics, and the Inspector General of GSA shall be promptly notified of receipt of information indicating that a former GSA employee (including a special government employee as defined in section 202, of Title 18, United States Code), has violated any of the post Federal employment prohibitions contained in sections 207 (a), (b), or (c) of Title 18, United States Code. (b) If the Inspector General of GSA, after appropriate review, determines that there is reasonable cause to believe that the former employee has violated section 207 (a), (b), or (c) of Title 18, United States Code, or the regulations implementing the foregoing statutory provisions that have been published by the Office of Personnel Management in the FEDERAL REGISTER, he shall (1) provide the Director, Office of Government Ethics and the Criminal Division, U.S. Department of Justice, and the Director, GSA Office of Ethics with the available information concerning the alleged violation, as well as copies of the pertinent agency regulations and such comments as are deemed appropriate, and (2) recommend to the Administrator, General Services, what action be taken pursuant to § 105-735.602(a) hereunder. (c) Any investigation or other administrative action taken by GSA in the matter shall be coordinated with the U.S. Department of Justice to avoid prejudice to possible criminal proceedings. § 105-735.602 Notification and opportunity for hearing. (a) If the Department of Justice acquiesces, the following action shall be promptly taken. The Director, Office of Ethics shall notify the former employee that: (1) The Inspector General of the General Services Administration, has recommended that, based on information received, the Administrator of General Services (hereinafter the Administrator) make a finding pursuant to section 207(j) of Title 18. United States Code, that the former employee has violated certain specified post Fed 30-152 0-89-5 eral employment prohibitions in section 207 (a), (b), or (c), and that the Administrator, if he makes such a finding, institute such administrative sanctions as he deems appropriate against the former employee. (2) The specific violations that are alleged against him or her in sufficient detail to permit the preparation of an adequate defense. (3) The former employee has the right to: (i) Present information to the Administrator or his designee in opposition to the recommendation in person, in writing, and if desired, through a designated representative, or (ii) Request a hearing before GSA's Board of Appeals (conducted by an examiner in accordance with the Board's published rules) by addressing such request to: Board of Appeals, General Services Administration, Washington, DC 20405. (4) The hearing rights are as set forth in § 105-735.603 below. (5) If a hearing is held, no individual who has participated in the decision to initiate the proceedings may serve as an examiner at the hearing. (6) The period of time to be afforded for decision as to presentation of information for consideration, or for requesting a hearing. (b) A copy of these regulations will be provided with the foregoing notification. (c) The period of time to be afforded for notifying GSA of a decision to present information for consideration or for requesting a hearing shall be limited to 20 days from receipt of the notification described in paragraph (a) of this section, unless the former employee requests and is granted additional time before the expiration of the 20-day period. (d) Notification or a copy thereof shall be served upon the former employee by certified mail; return receipt requested; by delivering it to the former employee or his/her attorney or agent of record either in person; or by leaving it at the office or place of business of the former employee, attorney or agent; in any other manner which has been agreed to by the former employee. (e) Any paper other than the notification may be served upon a former employee as provided in paragraph (d) of this section or by mailing the paper by first-class mail to the former employee at Office of Ethics, GSA, the last address known to the Director, or by mailing the paper by first-class mail to the former employee's attorney or agent of record. Such mailing shall constitute complete service. (f) Whenever the filing of a paper is required or permitted in connection with a proceeding, and the place of filing is not specified by this subpart or by rule or order of the examiner, the paper shall be filed with the Director, Office of Ethics, General Service Administration, 18th & F Streets, NW., Washington, D.C. 20405. All papers shall be filed in duplicate. § 105-735.603 Hearings. (a) If a hearing is requested and granted in accordance with § 105735.602(c) of this part, the hearing shall be conducted at a reasonable time, date, and place. (b) In setting a hearing date, the examiner shall give due regard for the former employee's need for: (1) Adequate time to prepare a defense properly, and (2) An expeditious resolution of allegations that may be damaging to his or her reputation. (c) A hearing shall include, at a minimum, the following rights: (1) To represent oneself or to be represented by counsel, (2) To introduce and examine witnesses and to submit physical evidence, (3) To confront and cross-examine adverse witnesses, (4) To present oral argument, and (5) To a transcript or recording of the proceedings, if requested in advance and ordered by the examiner. (d) In the hearing, the agency has the burden of proof and must establish substantial evidence of a violation. (e) The examiner shall make a written determination and recommendation to the Administrator exclusively on matters of record in the proceeding, and shall set forth in the decision all findings of fact and conclusions of law relevant to the matters at issue. (f) Within 10 days of the date of receipt of the determination and recommendation the former employee may submit objections to the Administrator. § 105-735.604 Action by the Administrator. (a) When the former employee has presented information, pursuant to § 105-735.602(a)(3)(i) of this part, or has sent his objections to the determination and recommendation of the examiner. The Administrator shall consider the information presented to him by the Inspector General of GSA and by or on behalf of the former employee, or (in the case of a hearing) the record or portions of the record of the proceedings as described in § 105735.603(f) of this part, and together with the objectives, if any, and shall take such action thereon as he deems appropriate as set forth in paragraph (b) of this section after consultation with the Director, Office of Ethics. (b) If the Administrator finds, after the requirements for notice and opportunity to present information or for a hearing and objections as set forth above have been satisfied, that the former employee has violated section 207(a), (b), or (c) of Title 18, United States Code, the Administrator may prohibit that person from making, on behalf of any other person (except the United States), any informal or formal appearance before, or, with the intent to influence, any oral or written communication to GSA on a pending matter of business for a period not to exceed five years, or may take other appropriate disciplinary action. § 105-735.605 Period of prohibition and disciplinary action. (a) Any period of prohibited appearance or communications ordered by the Administrator shall be for a reasonable and specified period of time, commensurate with the seriousness of the conduct on which the prohibition is based, and may not exceed five years. (b) Appropriate disciplinary action may include a private letter of: (1) Warning, § 105-735.701 Purpose. The GSA Board of Contract Appeals (the Board) was established in GSA as an independent statutory tribunal to hear and decide contract disputes between contractors and GSA and other agencies of the United States. The Board also furnishes hearing examiners for the GSA Suspension and Debarment Board, an administrative hearing body for suspension and debarment actions. This subpart prescribes standards of conduct relating to the Board and supplements existing statutes and regulations which govern the conduct of Federal employees, including the Ethics in Government Act of 1978, the Hatch Act, and the other standards of conduct in this part. The purpose of this subpart is to ensure that standards of conduct are observed, enforced, and maintained with regard to persons appearing before the Board, members of the public, and GSA personnel so that the integrity, impartiality, and independence of the Board are preserved. § 105-735.702 GSA personnel. The agency is a party before the Board. Accordingly, GSA personnel must at all times preserve and uphold the integrity, impartiality, and independence of the Board, and are pro hibited from making ex parte communications to administrative judges and employees of the Board that may be relevant to the merits of a proceeding that is or may come before the Board. Employees of the Board must comply with the directions of an administrative judge given pursuant to this subpart. § 105-735.703 Integrity, impartiality, and independence. The integrity, impartiality, and independence of the Board are indispensable to its function of adjudicating disputes between the United States Government and its contractors. The administrative judges of the Board must participate in establishing, maintaining, and enforcing, and must observe, high standards of conduct so that integrity, impartiality, and independence may be preserved. The provisions of this subpart are to be construed and applied to further that objective. § 105-735.704 Impropriety and the appearance of impropriety. (a) An administrative judge must respect and comply with the law, provide to litigants the procedural fairness that is due, and act at all times in a manner that promotes public confidence in the integrity, impartiality, and independence of the Board. (b) An administrative judge must not allow family, social, or other relationships to influence official conduct or judgment. An administrative judge must not lend the prestige of the office to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position of influence. § 105-735.705 Performance of duties. In the performance of an administrative judge's duties, the following standards apply: (a) Adjudicative responsibilities. (1) An administrative judge must be faithful to the law and maintain professional competence in it. An administrative judge must be unswayed by partisan interests, public clamor, or fear of criticism. (2) An administrative judge should maintain order and decorum in proceedings. (3) An administrative judge should be patient, dignified, and courteous to litigants, witnesses, attorneys, and others with whom the administrative judge deals in an official capacity, and should require similar conduct of employees of the Board and others subject to the administrative judge's direction and control. (4) An administrative judge must accord to all persons who are legally interested in a proceeding, or their attorneys, the full right to be heard according to law. Except as authorized by law, an administrative judge may neither initiate nor consider ex parte communications that may be relevant to the merits of a proceeding that is pending or impending before the Board, and must require the same abstention on the part of employees of the Board. An administrative judge who receives any ex parte communication that may be relevant to the merits of a pending or impending proceeding must place on the public record of the proceeding: (i) All such written communications; (ii) Memoranda stating the substance of all such oral communications; and (iii) All written responses, and memoranda stating the substance of all oral responses, to the materials described in paragraphs (a)(4) (i) and (ii) of this section. An administrative judge must require employees of the Board who receive any ex parte communication that may be relevant to the merits of a pending or impending proceeding to report it to an administrative judge for inclusion in the public record of the proceeding in accordance with paragraph (a)(4) of this section. (5) An administrative judge should dispose promptly of pending business of the Board. (6) An administrative judge should abstain from public comment about a pending or impending proceeding or issue before the Board and should require similar abstention on the part of employees of the Board and other persons subject to the administrative judge's direction and control. This subdivision does not prohibit administrative judges from explaining for |