By Richard O. Duvall and Christopher R. Yukins*
Procurement ethics span many areas of law, including criminal law (which bans, for example, bribes and gratuities), civil fraud laws (some of which impose severe penalties for government contracts fraud), and ethics rules for government employees. Under the Federal Acquisition Regulation (FAR), Part 3 covers improper business practices and personal conflicts of interest. These systems of rules contribute directly to procurement ethics and to the "cleanliness" of the procurement system.
However, procurement ethics are grounded in the day-to-day reality of the procurement process. The rules governing procurement ethics thus reflect endless legal, moral and political compromises. Procurement ethics rules are akin to a metamorphic rock formed by the pressures of colliding norms and conflicting rules. As a result, the procurement integrity rules are startlingly complex, and require careful review for compliance.
