Read through the anonymous allegation, identified Rule/Regulation, and witness testimony provided below. Utilize the information provided and
Question:
Read through the anonymous allegation, identified Rule/Regulation, and witness testimony provided below. Utilize the information provided and complete a written analysis as to whether the allegation is substantiated or not substantiated. Do not use any outside information when completing your response (i.e. no need to utilize other rules/regulations, don't invent new facts, etc.)
Allegation:
That LCDR John Doe, Contracting Officer, for the Navy Procurement Command: on various dates between January 2021 and February 2023, misused his official position by accepting items and services in from a prohibited source.
Rule/Regulations:
In accordance with 5 CFR 2635.202 General prohibition on solicitation or acceptance of gifts
An employee may not, directly or indirectly accept a gift from a prohibited source
Prohibited source means any person who:
(1) Is seeking official action by the employee's agency;
(2) Does business or seeks to do business with the employee's agency;
(3) Conducts activities regulated by the employee's agency;
(4) Has interests that may be substantially affected by the performance or nonperformance of the employee's official duties; or
(5) Is an organization a majority of whose members are described in paragraphs (d)(1) through (4) of this section
Witness Testimony:
Complainant: An anonymous complainant alleges that over the past year, LCDR Doe has accepted gifts and attended a local football game with representatives of Pave-Masters International (PMI). PMI is a contractor that provides road construction, maintenance, and repair services. LCDR Doe is the contracting officer tasked with negotiating and awarding road repair and road construction contracts at the local Navy installation.
Witness 2: Ms. Bravo is a civilian contracting officer and co-worker of LCDR Doe. Ms. Bravo stated that she believes that everyone in the office, including LCDR Doe, conducts themselves in a professional manner. She stated that LCDR Doe is a forceful negotiator who takes pride in getting the best value for the government. Ms. Bravo stated that LCDR Doe is currently negotiating multiple service contracts, including road paving, for the next year. Ms. Bravo stated that she has, on multiple occasions, seen LCDR Doe drinking out of a high-end coffee thermos with PMI's name and logo printed on the side.
Witness 3: Mr. Charlie is the administrative assistant for the office. Mr. Charlie stated that LCDR Doe is highly sought after in the office for his expertise in negotiating. He stated that LCDR Doe has a boisterous personality. Mr. Charlie stated that he receives all mail and packages delivered to the office. Recently, LCDR Doe has received multiple packages addressed from PMI. Mr. Charlie stated that he is unsure of what is inside of the packages.
Witness 4: CDR Delta is the contracting section supervisor and is LCDR Doe's team leader. CDR Delta described LCDR Doe as a hard worker. CDR Delta stated that all members of the command receive annual ethics training. CDR Doe stated that she counseled LCDR Doe for an ethics violation last year, after he used a government vehicle from the office to run a personal errand.
Witness 5: LTJG Echo is a new Contracting Specialist. He has worked under LCDR Doe for 6 months and described LCDR Doe as a strong leader and trainer, who enjoys negotiating contracts. LTJG Echo stated that his is learning the job and has recently been assigned as an assistant on the paving contract managed by LCDR Doe.LTJG Echo stated that here are multiple contractors bidding on the award for the paving contract this year. LTJG Echo stated that he has not heard of LCDR Doe accepting gifts, but recently overheard a phone call between the owner of PMI and LCDR Doe where they discussed the score of a recent local football game.
Witness 6: Mr. Foxtrot is a civilian Contracting Officer that has worked for Navy Procurement Command for over 10 years. He described LCDR Doe as a strong negotiator. Mr. Foxtrot is a big fan of the local football team and attends every game. At the most recent game last week, he saw LCDR Doe and Chuck Smith, the CEO of PMI sitting in the same row of the stadium.
Subject 1: LCDR Doe stated he has been a Contracting Officer, for the Navy Procurement Command for nearly 3 years. LCDR Doe stated that he loves his job and has a great relationship with all his coworkers. LCDR Doe stated that he is aware of the ethics rules and does not accept gifts.LCDR Doe stated that the packages received in the office from PMI were documents and other information associated with their bid proposal. LCDR Doe stated that the PMI mug that he drinks coffee out of, was given to him by a friend. LCDR Doe stated that he loves the local football team, attends the games whenever he can.
Introduction To Health Care Management
ISBN: 9781284081015
3rd Edition
Authors: Sharon B. Buchbinder, Nancy H. Shanks