BOP Program Statement 3420.14 § 19

During the conduct of a procurement, a procurement official is prohibited from knowingly,

directly, or indirectly, soliciting or accepting any promise of future employment or business from

an officer, employee, representative, agent, or consultant of a competing contractor. This

prohibition includes engaging in any discussion of future employment or business opportunity.

See the Procurement Integrity Act, 41 U.S.C. § 423.

a. Recusal To Discuss Employment. In certain instances, a procurement official may obtain

permission to withdraw from further participation in a procurement to discuss future employment

with a competing contractor. An eligible procurement official may, in accordance with specific

3420.14 5/15/2026 PROPERTY OF US GOVERNMENT 23

procedures in the regulations, request to be recused from participation in the procurement.

A procurement official is not eligible for recusal if, during the period beginning with the issuance

of a procurement solicitation and ending with the award of a contract, they have participated

personally and substantially in the evaluation of bids or proposals, the selection of sources, or the

conduct of negotiations.

An individual may not commence discussions with a competing contractor until they have

received written approval of the recusal request from their supervisor.

Rejection of a recusal request is not an adverse personnel action.

b. Post-Employment Restrictions for Procurement Officials. The Procurement Integrity Act

places restrictions on employees involved in procurement who leave federal service. A former

procurement official cannot, for one year after their last personal and substantial involvement in

a procurement in excess of $10,000,000, accept compensation from such contractor as an

employee, officer, director, or consultant. This does not prohibit former procurement officials

from accepting compensation from any division or affiliate of a contractor that does not produce

the same or similar products or services for which the employee contracted while a government

employee.

3420.14 5/15/2026 PROPERTY OF US GOVERNMENT 24

REFERENCES

Program Statements

Anti-Discrimination Policy Anti-Harassment Policy Drug Free Workplace

Employee Entrance and Search Procedures Information Security

National Occupational Safety and Health Policy Release of Information

Searching, Detaining, or Arresting Visitors to Bureau Grounds and Facilities Staff Personal

Weapon Storage

Workplace Violence Prevention, Staff

Federal Statutes

P.L. 108-277 Law Enforcement Officers Safety Act of 2004

5 U.S.C. Chapter 43

5 U.S.C. Chapter 75

18 U.S.C. § 201 Bribery; Illegal Gratuities

18 U.S.C. § 203 Representational Issues

18 U.S.C. § 205 Representational Issues

18 U.S.C. § 207 Post-Employment Statute

18 U.S.C. § 208 Conflict of Interest Statute

18 U.S.C. § 2241-45 Sexual Abuse

41 U.S.C. § 423 Procurement Integrity Act

Federal Regulations

5 CFR § 2635 Standards of Ethical Conduct for Employees of the Executive Branch

(8/7/1992)

5 CFR § 2637 Post-Employment (12/30/1993)

5 CFR § 2641 Post-Employment Conflict of Interest Restrictions (1/28/1992)

5 CFR § 3801 Supplemental Standards of Ethical Conduct for Employees of the

Department of Justice (5/2/1997)

28 CFR § 50.15 Representation of Federal Employees Sued, Subpoenaed or Charged in

Their Individual Capacities (4/9/1990)

28 CFR § 500.1 Contraband

Orders

Executive Orders Prescribing Standards of Ethical Conduct 12674 and 12731

DOJ Order 1735.1 Procedures for Complying with Uniform Standards and Other Ethics

Requirements (8/25/1998)

DOJ Justice Manual Section 1-9.000 – Personal Use of Social Media (4/2025)

Guidance Regarding the Law Enforcement Officers Safety Act (7/6/2022)

Other Standards

ABA Model Rule 1.11 Successive Government and Private Employment Rules for

3420.14 5/15/2026 PROPERTY OF US GOVERNMENT 25

Lawyers (2/07/1987)

ABA Model Rule 1.6 Confidentiality of Information (8/2/1983)

Bureau Forms

BP-A0165 Acknowledgement of Receipt of Standards of Employee Conduct

BP-A0166 Request for Approval for Outside Employment

BP-A0194 Warning and Assurance to Employee Required to Provide Information

BP-A0543 Request for Approval for Outside Employment Within One’s Profession

BP-A0584 Staff Personal Weapons Declaration

BP-A0927 Notification of Outside Employment

ACA Standards

Performance-Based Standards and Expected Practices for Adult Correctional Institutions,

5th Edition: 5-ACI-1C-05; 5-ACI-1C-16; 5-ACI-1C-22.

Performance-Based Standards for Adult Local Detention Facilities, 5th Edition: 5-ALDF-2A-15;

5-ALDF-7C-01; 5-ALDF-7C-02.

American Correctional Association, 2nd Edition, Standards for Administration of Correctional

Agencies: 2-CO-1C-01, 2-CO-1C-04, 2-CO-1C-20, 2-CO-1C-24.

Records Retention Requirements

Requirements and retention guidance for records and information applicable to this program are

available in the Records and Information Disposition Schedule (RIDS) on the Bureau’s intranet

site.

3420.14 5/15/2026 PROPERTY OF US GOVERNMENT 26

Attachment A. Standard Schedule of Disciplinary Offenses and Penalties

1. This table is intended to be used as a guide in determining appropriate discipline to propose

according to the type of offense committed. This schedule of offenses constitutes categories of

offenses. Specific charge labels are determined based on the facts of each individual offense. The

offenses listed are not inclusive of all offenses or charges.

2. Ordinarily, penalties proposed should be within the range of penalties provided for an offense

and should generally be progressive in nature when applicable. In serious cases or those with

aggravating factors, a penalty outside the range of penalties may be proposed. For example,

federal law enforcement officers are held to a higher standard of professional conduct than other

federal employees. Likewise, supervisors, because of their responsibility to demonstrate

exemplary behavior, are held to a higher professional standard and may be subject to a greater

penalty than is provided in the range of penalties. When a more severe penalty than provided for

in the range of penalties is proposed, the notice of proposed action must identify the aggravating

factors.

3. The deciding official considers all relevant circumstances to include the oral response, written

response, mitigating factors, and any aggravating factors to determine the penalty to have the

desired corrective effect. Discipline should be applied in a fair and reasonable manner based on

the facts and circumstances of each case. However, unless certain charges are not sustained

and/or unusual or unique mitigating factors exist, the deciding official should generally not

mitigate the penalty more than 50% of the proposed sanction or suspension. In the case of a

proposed removal, mitigation should rarely extend lower than an adverse action (15-day

suspension).

4. The range of penalties provided for most offenses is intentionally broad, ranging from official

reprimand to removal. While the principles of progressive discipline are normally applied, it is

understood that there are offenses so egregious as to warrant severe sanctions for the first

offense, up to and including removal. For example, if an incident is of a discriminatory nature

based on sex, race, or other protected status, or includes sexual harassment or is a criminal

matter, the penalty must be more severe. This is especially true in cases where there is no

indication that the employee would be corrected by a lesser penalty, or if the offense is of such

nature that reoccurrence could jeopardize institution security or bring disrepute on the Bureau.

For example, if an employee failed to respond to an emergency, even if that emergency turned

out to be a false alarm, removal would be appropriate if the deciding official was not convinced

that the employee would respond promptly to any future emergency.

5. Where appropriate, consideration may be given to a demotion or other action in lieu of

removal.

6. Suspension penalties on this schedule refer to calendar days. Except for indefinite

suspensions or other suspensions of an emergent nature, disciplinary suspensions normally begin

on the first workday of the employee’s next regularly scheduled work week and continue without

interruption for the duration of the suspension. While serving a suspension, an employee may not

access institution grounds or perform any official duties absent specific authorization by the

CEO.

7. The reckoning period for employee discipline purposes is the length of time management

may consider an employee’s prior disciplinary or adverse actions when determining the

appropriate penalty for a subsequent offense. The reckoning period commences upon the

issuance of a final decision by the deciding official and is applicable to any sustained misconduct

which occurs within the indicated reckoning period for the applicable offense.

8. Offenses falling within the reckoning period, whether related or unrelated, should be

identified in the proposal notice issued to the employee, and considered by the deciding official

when determining the appropriate penalty for a subsequent sustained offense. Agreements

entered between the employee and institution pursuant to the Misconduct Diversion Program are

considered prior offenses for progressive discipline purposes.

9. Where the deciding official substitutes a letter of reprimand in lieu of a greater proposed

sanction, the letter of reprimand itself is to be separate from the decision letter and is not to refer

to the greater sanction proposed.

NATURE OF EXPLANATION FIRST SECOND THIRD RECKONING

OFFENSE OFFENSE OFFENSE OFFENSE PERIOD

1. Unexcused or Unauthorized absence of less Official reprimand to Official reprimand to Official reprimand to 6 months.

unauthorized absence than 1 workday (i.e., tardiness, 3-day suspension. 7-day suspension. removal.

of less than 1 leaving the job without

workday or shift. permission).

2. Unexcused or Unauthorized absence between 1-day to 10-day 10-day to 30-day 30-day suspension to 1 year.

unauthorized absence 1 and 5 consecutive workdays. suspension. suspension. removal.

of between 1 and 5

consecutive

workdays.

3. Excessive Unauthorized absence of more 15-day suspension 30-day suspension Removal. 5 years.

unauthorized than 5 consecutive workdays or to removal. to removal.

absence. more than 15 non-consecutive

days in a calendar month.

4. Careless Official reprimand to 14-day Removal. 5 years.

workmanship removal. suspension

or negligence to removal.

resulting in spoilage

or waste of materials

or delay in work

production.

5. Failure to account Official reprimand to 14-day Removal. 5 years.

for keys, tools, or removal. suspension

other equipment. to removal.

6. Failure or delay in Includes written or verbal Official reprimand to 14-day suspension Removal. 5 years.

carrying out work instructions from any removal. to removal.

assignments, orders, managerial official, superior, or

or instructions of other official with appropriate

superiors. authority to give such orders or

assignments. Includes failure to

follow post orders, institution

supplements, program

statements, and other general

policy and similar documents.

NATURE OF EXPLANATION FIRST SECOND THIRD RECKONING

OFFENSE OFFENSE OFFENSE OFFENSE PERIOD

7. Instructing another Includes instructing another Official reprimand to 14-day suspension Removal. 5 years.

to disregard policy, employee to ignore appropriate removal. to removal.

work assignments, instructions issued by any

orders, or instructions management official, superior,

of superiors. supervisor, or other official

with appropriate authority to

give such orders or

assignments. Includes, but is

not limited to post orders,

institution supplements,

program statements, and other

general policy and similar

documents.

8. Insubordination. Deliberate or conscious 5-day suspension to 14-day suspension to Removal. 5 years.

disobedience to constituted removal. removal.

authorities, or refusal to carry

out appropriate instructions or

orders issued by any

management official, superior,

supervisor, or other official

with appropriate authority to

give such orders or assignments

or having responsibility for the

work of the employee.

9. Inattention to duty. Potential danger to safety of Official reprimand to 14-day suspension Removal. 5 years.

persons and/or actual damage to removal. to removal.

property is considered in

determining severity of the

penalty, as is potential or actual

adverse impact on government

operation. Includes, but is not

limited to, loafing, wasting

time, idleness, carelessness with

personal property in the

institution, or unproductive

activities.

NATURE OF EXPLANATION FIRST SECOND THIRD RECKONING

OFFENSE OFFENSE OFFENSE OFFENSE PERIOD

10. Unauthorized use Official reprimand to 14-day suspension Removal. 5 years.

of government removal. to removal.

computers, networks,

or electronic devices,

or equipment.

11. Unprofessional Includes disparaging conduct 15-day suspension 30-day suspension Removal. Indefinite.

Conduct of a Racial, related to race, racial to removal. to removal.

Sexual, or similar stereotypes, sex, sexual

nature. stereotypes, disability and other

discriminatory words or actions

based on immutable

characteristics.

12. Disorderly Workplace violence Official reprimand to 14-day suspension Removal. 5 years.

conduct, fighting, implications are a primary removal. to removal.

physical altercations, consideration when considering

threatening, or the penalty.

attempting to

inflict bodily injury

to another, engaging

in dangerous

horseplay.

13. Disrespectful Includes verbal abuse of Official reprimand to 14-day suspension Removal. 5 years.

conduct, use of inmates, former inmates, their removal. to removal.

insulting, profane, families, or friends (known or

abusive, obscene, or who should be known). Also

demeaning includes profanity and

language or actions to disrespectful words or actions

or about others. directed toward employees,

visitors, or others.

NATURE OF EXPLANATION FIRST SECOND THIRD RECKONING

OFFENSE OFFENSE OFFENSE OFFENSE PERIOD

14. Reporting for Includes, but is not limited to, 30-day suspension 45-day suspension Removal. Indefinite.

duty or being under any substance(s) that impairs to removal. to removal.

the influence of and/or interferes with an

alcohol, intoxicants, employee’s ability to perform

or other drugs; unau- their duties.

thorized possession

of alcohol,

intoxicants, or drugs

on government or

leased premises.

15. Providing a Includes a failure or refusal to Removal. Indefinite.

sample which tests provide a sample for testing.

positive for an illegal Also includes the use of

drug; use or abuse of prescription medication in a

an illegal drug or manner which is not consistent

controlled substance; with the written prescription.

use or abuse of

prescription

medication without a

valid prescription.

16. Inadvertent or Includes taking the wrong 30-day suspension to Removal. Removal. Indefinite.

mistaken use of a medication, inadvertently taking a removal.

prescription drug medication which was validly

without a valid prescribed to another individual, or

prescription; otherwise unknowingly consuming

inadvertent or a substance which leads to a sample

mistaken use of a which tests positive.

controlled substance.

17. Failure to follow Includes any management 15-day suspension Removal. Removal. 5 years.

orders during an official, superior, supervisor, or to removal.

emergency. other official with appropriate

authority to give such orders or

assignments. Potential danger

to safety and/or damage to

property is a primary

consideration in determining

severity of the penalty.

NATURE OF EXPLANATION FIRST SECOND THIRD RECKONING

OFFENSE OFFENSE OFFENSE OFFENSE PERIOD

18. Failure Potential danger to safety of 15-day suspension 30-day suspension Removal. Indefinite.

to respond persons and/or damage to to removal. to removal.

immediately to an property is a primary

emergency. consideration in determining

severity of the penalty.

19. Failure to observe Includes: Official reprimand 14-day suspension Removal. 5 years.

safety precautions. (1) Precautions for personal to removal. to removal.

safety and/or safety of others.

(2) Posted rules.

(3) Signs.

(4) Written or oral safety

instructions.

(5) Failure to use protective

clothing and equipment.

20. Endangering the 15-day suspension 30-day suspension Removal. 5 years.

safety of or causing to removal. to removal.

injury to employees,

inmates, or others

through carelessness

or failure to follow

instructions.

21. Giving an inmate Potential danger to safety of Official reprimand 14-day suspension Removal. 5 years.

an order that could be persons and/or actual damage to to removal. to removal.

hazardous to health property is a primary

and/or safety. consideration in determining

severity of the penalty.

22. Unauthorized Official reprimand 14-day suspension Removal. 5 years.

possession, use of, or to removal. to removal.

loss of, government

property or property

of others.

NATURE OF EXPLANATION FIRST SECOND THIRD RECKONING

OFFENSE OFFENSE OFFENSE OFFENSE PERIOD

23. Willful use or 31 U.S.C. Section 1349 30-day suspension 45-day suspension Removal. 5 years.

authorization of use provides for a minimum 30-day to removal. to removal.

of a U.S. suspension.

government-owned or -leased

motor vehicle or

aircraft for other than

an official purpose.

24. Theft or 15-day suspension to 21-day suspension Removal. Indefinite.

attempted theft or removal. to removal.

misappropriation of

government property

or the property of

others.

25. Use of The number of occurrences, Official reprimand 14-day suspension Removal. 5 years.

government funds for charge value, and efforts to to removal. to removal.

any purpose without resolve the charges will be

appropriate considered in determining the

authorization. penalty.

26. Conversion Includes, but is not limited to, Removal. Removal. Removal. Indefinite.

of government funds travel advances, amounts

or funds in received as collections, and

government custody inmate funds.

to personal use.

27. Unauthorized Includes government travel Official reprimand 14-day suspension Removal. 5 years.

possession or use of a card, purchase card, transit to removal. to removal.

government credit subsidy card, or other credit

card. Failure to pay cards issued by the Bureau.

or timely pay

government travel

card balance.

28. Damage to Degree of damage and nature of 15-day suspension 30-day suspension Removal. 5 years.

government property the property is a primary to removal. to removal.

or the property of consideration in determining

others. severity of penalty.

NATURE OF EXPLANATION FIRST SECOND THIRD RECKONING

OFFENSE OFFENSE OFFENSE OFFENSE PERIOD

29. Gambling or Official reprimand 14-day suspension Removal. Indefinite.

unlawful betting to removal. to removal.

while on government-owned or -leased

premises.