|
At Timken, we serve government- and state-owned entities throughout the world. We value our relationships with these customers and comply with all applicable legal and ethical requirements. In particular, our relationship with the U.S. government is guided by rules and regulations designed to protect the public interest. These include the Federal Acquisition Regulation, the Anti-Kickback Act, the Truth in Negotiations Act and the Procurement Integrity Act. We also comply with state and local laws.
When interacting with national, regional or local governments, remember the following rules:
- Never give gifts, money, entertainment, favors, loans or other things of monetary value to government officials without first reviewing with legal services. The term “government official” includes an employee of a government-owned business.
- Ensure all claims and statements submitted to the government are truthful and not misleading.
- Do not discuss employment or a job offer with a current or former government employee without first reviewing with legal services.
- Always use current, accurate and complete figures for pricing that supports bids and proposals for government contracts.
- Do not pay or enter any agreement to pay, directly or indirectly, a contingent fee to any party for the purpose of obtaining a government contract or influencing government action.
Associates should also reference our Standards of Business Ethics regarding Turning Ethics into Action in Our Global Community for additional compliance requirements related to government customers.
Those who work on government contracts should be aware that special rules and regulations apply. For example, orders and contracts with governments may contain obligations beyond those found in typical commercial contracts. Some of these obligations may include:
- Disclosure of cost and pricing information
- Limits of citizenship on who can access technical data
- Safeguards and restrictions related to the information classified for national security
- Limits on where raw materials may be acquired
- Priority of orders for national defense
- Restrictions on personal and organizational conflicts of interest
- Rules related to timekeeping, accounting, workplace behavior, safety and drug-free workforce
Before pursuing or accepting government orders or contracts, consult Timken sales management to ensure any such obligations are followed.
Similarly, those who must contact elected or appointed national, regional/state, local or other officials and employees to promote products or services for sale to a government agency, or to seek government assistance such as grants or incentives, should first contact the vice president – government affairs.
Q: Anya’s team recently received a government subcontract that stipulates all products must be made entirely in that government’s country. Anya doesn’t believe all of our products will comply, but the purchasing agent tells her the government doesn’t really pay attention to that requirement. He goes on to say that we can use a non-compliant product without the government noticing. This seems wrong to Anya. How should she proceed?
A: Anya’s instinct is correct – it is wrong for our company to supply products that do not meet the requirements of a contract or subcontract. If we give our word that the product meets the content requirement, that is the only product we will provide. If we cannot provide compliant product, we cannot agree to sell it. Anya should inform the purchasing agent of this standard and work toward a solution that honors our contractual agreements.
|