Policy on Anti-Kickback

Policy on Anti-Kickback

LGL – KB0013863

1. Purpose

This policy establishes the Fermi Forward Discovery Group, LLC (FermiForward) prohibition on kickbacks.

This policy is not a contract and is not intended to create any obligations on FermiForward. This policy may be terminated or changed by FermiForward at any time, with or without notice.

2. Scope

This scope of this policy includes all FermiForward activities to manage and operate the Fermi National Accelerator Laboratory under the prime contract with the Department of Energy (DOE).

3. Applicability

This policy applies to FermiForward and all FermiForward employees, Users, Affiliates, and Subcontractors.

4. Effective Date and Date Reviewed/Updated

This policy went into effect on October 31, 2019. Updates and revisions are reflected in the Revision History below.

5. Policy

FermiForward Employees must conduct themselves with honesty, integrity, high ethical standards, and follow the law at all times – this includes avoiding an actual or apparent conflict of interest through kickbacks. FermiForward employees shall not engage – directly or indirectly – in any act constituting a kickback or attempted kickback.

It is a violation of law and FermiForward policy for any person to:

1. Provide or attempt to provide or offer any kickback
2. Solicit, accept, or attempt to accept any kickback; or
3. Include, directly or indirectly, the amount of any kickback in the contract price charged to the FermiForward prime contract or by any subcontractor (at any tier).

The Policy on Gifts and Gratuities identifies the limited situations in which unsolicited gifts may be accepted.

FermiForward must report situations when it has reasonable grounds to believe that a violation of the Anti-Kickback law and this Policy on Anti-Kickback may have occurred. FermiForward also must cooperate fully with any federal agency investigation of a possible violation.

6. Definitions

Kickbacks include any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind that is provided for the purpose of improperly obtaining or rewarding favorable treatment in connection with any agreement involving FermiForward.

7. Responsibilities

The Office of General Counsel is responsible for maintaining this policy, ensuring lab-wide compliance, resolving employee questions and issues relating to potential kickbacks, resolving issues regarding reporting of reasonable grounds to believe that a violation has occurred, and coordinating cooperation with any investigation of a possible violation.

FermiForward Procurement is responsible for ensuring that any FermiForward employee participating in or administering a subcontract competition, award, or performance discloses any and all conflicts of interest, including any solicitation of, acceptance of, or attempted acceptance of any kickbacks. FermiForward Procurement also is responsible for using reasonable efforts to prevent and detect whether there are kickback amounts included, directly or indirectly, in the price charged for an FermiForward subcontract or lower tier subcontract.

FermiForward Employees are responsible for adhering to this policy by not engaging in the prohibited activities relating to kickbacks and by not making or influencing contract evaluations or awards if they have or appear to have a financial interest in the outcome. FermiForward employees also are responsible for reporting any reasonable belief that a violation of this policy has occurred to the Office of General Counsel (ogc@fnal.gov) and cooperating with any investigation of a potential violation.

8. Authorities

Prime Contract 89243024CSC000002 Clause I.5 (FAR 52.203-7)

Prime Contract 89243024CSC000002 I.9 – FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)

Anti-Kickback Enforcement Act of 1986, 41 U.S.C. §§ 8701-8707

False Claims Act, 31 U.S.C. §§ 3729-3733

9. Owner

The General Counsel is the owner of this policy.

10. Review Cycle

This policy shall be reviewed every three years.

11. Communication Plan

The Office of General Counsel will communicate this policy to all employees through posting on the website, and annual training will be required as part of the annual Code of Business Ethics and Conduct training.

Revision History