Strict rules apply when we do business with government agencies and officials. Employees working with the U.S. Government, state or local governments, or governments from any country must be aware of unique laws, regulations, and policies governing our actions. Business conduct that is acceptable in the private sector may violate government procurement laws or regulations. Violations can result in harsh consequences such as fines, penalties, debarment or suspension from competing for government contracts, and even criminal prosecution of the company or individual employees.
If you are involved in government business, you must comply with all Arch policies and applicable procurement laws. You must also require that all consultants, agents, independent contractors, subcontract labor and any other individual working for Arch on a government project or contract agree to comply with the same.
Proprietary and Source Selection Information
Government procurement laws and regulations prohibit the solicitation, possession or use of proprietary or source selection information. "Proprietary" information includes confidential information of a competitor, such as cost or pricing data or other information submitted by the contractor to the government as part of a bid or proposal. This information is often marked with words such as "proprietary," "protected" or "confidential." You must not solicit, receive or use this information.
"Source selection" information includes government-sensitive information and documents such as source selection plans, technical evaluation plans, government evaluations of proposals, competitive range and source selection determinations, competitors' bid prices (prior to bid opening) and competitors' proposal prices (prior to contract award). You must not solicit, receive or use this type of information.
If you believe that proprietary or source selection information has been revealed to you, you must immediately report the incident to your supervisor or the Legal Department.
Protection of Classified Information
As a Government contractor cleared for handling classified information, Arch employees may have access to classified information. Classified information is information or material which is owned by, produced by or for, or under the control of the U.S. Government or any information that we are required by Government order to protect against disclosure.
Access to classified information is restricted to only those individuals with appropriate Government security clearance and a valid need to know. If you have access to classified information, you must follow all security regulations of the U.S. Government and any other government with jurisdiction over Arch operations in a particular country.
Unauthorized possession, use, disclosure, or transmission of classified information constitutes a violation of Arch's security agreement with the Government and may be punishable by fines and imprisonment. If you know of or suspect any actual or potential security violations, you must report it immediately to your facility Security Officer.
Product Quality and Product Substitution
Arch employees must ensure that all Arch products meet contract requirements for design, manufacturing, materials, testing and any other relevant specifications. Arch employees must never:
Any waivers, deviations, change orders or similar approvals relative to a government contract must be obtained in writing from the appropriate authorized government official.
Government Gratuities
U.S. laws and regulations such as the U.S. Anti-Kickback Act have been created to ensure that U.S. Government contracting business decisions are free from unfair influence.
Under the Anti-Kickback Act, a Government contractor or subcontractor cannot give or receive anything of value that is intended to result in favorable treatment. Likewise, Arch policy prohibits employees from offering any item, regardless of value, to a Government employee, prime contractor or subcontractor.
If your position requires you to deal directly with Government personnel or Government contractors, you must be familiar with the laws and regulations applicable to employees of the various Government agencies regarding acceptance of business courtesies. Each Government agency has adopted its own set of guidelines for its employees and differences do exist.
If you have direct purchasing responsibilities or are involved in the purchasing contract decision, you may accept meals and refreshments served during business meetings with subcontractors, vendors or suppliers, but you may not accept any other entertainment or gratuity or anything else of value from any subcontractor, supplier or vendor under any Government contract or subcontract. You may also be required to periodically certify that you have not violated the Anti-Kickback Act and gift bans, and that you do not know of any other employee who may have violated these laws.
Other Limitations
Many additional laws, regulations, and policies control Government procurements. The following list is not exhaustive, and you should consult with your supervisor or the Arch Legal Department before beginning any contact with Government customers.
Among other things, procurement laws and regulations require:
Hiring of Former Government Employees
Government laws restrict Arch's ability to hire individuals who were recent Government employees involved in the awarding or administration of Arch contracts. Employees must contact the Human Resources Department before having any formal or informal discussions with current or former Government employees about the possibility of working for Arch.
« Previous Page ¦ Next Page »
