Use of Official Court Reporters
Be advised that all services such as Grand Jury, deposition and
other reporting services not normally provided through official court
proceedings may not be obtained by use of the services of an official court
reporter or a firm owned by an official court reporter. This requirement is
based on the section 3.601 of the Federal Acquisition Regulations (FAR)
which prohibits this action by stating:|
Except as specified in 3.602, a contracting officer shall not knowingly
award a contract to a Government employee or to a business concern or other
organization owned or substantially owned or controlled by one or more
Government employees. This policy is intended to avoid any conflict of
interest that might arise between the employees' interests and their
Government duties, and to avoid the appearance of favoritism or preferential
treatment by the Government towards its employees.
Compliance with this regulation requires the termination of any business
obtained from such individuals or firms.
If there is a compelling reason that precludes an alternative source for
these services, an exception must be sought and obtained from the Assistant
Attorney General for Administration in accordance with FAR 3.602.
Additionally, the Dual Compensation Act (5 USC 5532) precludes the
payment of attendance fees to official court reporters. Any such
unauthorized payments should be refunded.
[cited in USAM 3-13.410]