Government

Gateway provides products and services to various governmental customers, including the U.S. Government. Although the principles embedded in this Code apply to all of our business dealings, there are special rules and regulations applicable to our government contracting business that doesn’t apply to commercial, non-governmental business. As part of our ongoing commitment to provide all our customers with the products and services they have come to expect, we pledge to adhere fully to the unique rules and regulations that govern our federal, state and local government business.

 

All of us at Gateway, and especially those of us who sell to the government, need to understand that activities which might be perfectly appropriate when working with non-governmental customers may be improper and even illegal when selling to federal, state and local governments or when selling to non-governmental customers who, in turn, sell to the government. Such unique rules and regulations help ensure that the government pays a fair price for its purchases and gets what it bargained for. In addition, the unique rules and regulations that apply to government sales help ensure that the government is not being influenced to make purchases or choose suppliers on any basis other than price, supplier capability, past performance and product quality.

 

The bottom-line: if you work with governmental customers, be aware of and honor all procurement and other laws and regulations that apply.

 

What are the consequences for non-compliance in this complex area of government contracting? In a word, serious! With respect to dealing with the U.S. Government, you should understand that the knowing submission of a false claim or statement to a governmental agency could subject Gateway and its employees to criminal sanctions. Submissions made with a reckless disregard for, or deliberate ignorance of, the truth or falsity of their content can subject Gateway and its employees to significant monetary civil damages and penalties. Such misconduct—whether criminal or civil in nature—can, in addition, result in the exclusion of Gateway from all sales to federal, state and local governments (as well as institutions of higher learning and other federally funded activities and programs), in damaging publicity, and in expensive and time-consuming audits and agency investigations.

 

Although it is not possible to specify all contract-related dealings with governmental agencies that present a risk of making false statements, false claims, false certifications or other violations, special care must be paid to the following:

• Applicable laws and regulations require that Gateway's books and records accurately reflect Gateway's transactions. All disbursement of funds and all receipts must be properly recorded.

• No knowingly false, artificial or inaccurate entry may be made for any purpose in the books or records of Gateway or in any internal or external correspondence or communication of any type, including telephone or wire communications. Nor should any entry or communication be made without a good faith basis for believing in the accuracy of the communication.

• Supporting documentation is not falsified or prepared without due regard for its accuracy.

 

If you have questions about working with the U.S. Government or other governments, contact the Ethics Help Line or the Gateway Law Department.

 

Suppliers

We want good working relationships with our suppliers and other vendors. We select our suppliers based on merit, evaluating factors such as price, quality, delivery capability, reputation for service and integrity. We never choose a supplier because we have a personal interest in the supplier, whether financial or otherwise. In addition, we never choose a supplier solely on the condition that it purchase products or services from Gateway but, in concert with our objective to build long term supplier relationships, we may include a supplier’s commitment to purchase Gateway’s products and services among our supplier selection criteria.

 

Gifts and Entertainment

One especially sensitive area in dealing with customers, suppliers or vendors is how to handle offers of gifts, favors or entertainment. This is an area in which many companies experience lapses in ethical behavior. At Gateway, an offer of a gift or entertainment may never be requested or otherwise solicited and such offers may not be extended or accepted where the offer is intended to or may influence judgment, violate any laws or in any way discredit Gateway. Our policy is clear: offering, providing, soliciting or accepting anything for the purpose of improperly obtaining or rewarding favorable treatment from a customer, supplier, subcontractor or other business partner is always improper and unacceptable.

 

However, there are instances in which gifts or entertainment extended solely as business courtesies may be acceptable. Here are some guidelines…

 

Acceptance of gifts: Employees may accept an unsolicited gift if the value is less than $75. No more than $75 in gifts may be accepted from a single individual or entity in any six-month period. Food and other perishable items should be made available to Gateway employees for general consumption, where practical. Examples of items which would be acceptable under this policy include (1) a t-shirt, pen or mug with a value of less than $75; (2) a fruit basket with a value of less than $75 which is shared with Gateway co-workers; (3) tickets to a sporting event or concert to be attended without the giver where the total value of all tickets accepted is less than $75.

 

Gifts received in excess of the $75 limit should be returned to the giver, unless one of the special circumstances detailed below applies.

 

Acceptance of entertainment opportunities: Business isn’t always conducted in formal settings. Sporting events, restaurant meals and other social occasions often present the opportunity to discuss business in a more relaxed environment and to build relationships with business partners. As a result, employees may accept unsolicited offers to attend dining, sports or other entertainment events with a business partner provided that the per-attendee value is less than $100 and there is a reasonable expectation that Gateway will benefit from the employee’s attendance. No more than $100 in entertainment may be accepted from a single individual or entity in a six-month period; in the event that the employee is invited to attend the entertainment opportunity with a non-employee guest, this limit may be doubled to $200 to account for the value of the guest attendance. Examples of items which would be acceptable under this policy include (1) an opportunity to build a business relationship with a supplier by attending a sporting event together; or (2) having a meal with a vendor where the vendor offers to pay.

 

Special circumstances for accepting gift and entertainment offers: In addition to the above guidelines for acceptance of gifts and entertainment opportunities, an unsolicited gift or entertainment opportunity may also be accepted regardless of value if:

1. It will be provided to and used by non-management level employees as an incentive or in recognition of an exceptional accomplishment and the giver is notified of this.

2. It will be distributed in an employee sweepstakes, contest or other unbiased employee giveaway and the giver is notified of this.

3. The employee pays market value for the gift or entertainment opportunity to the giver;

4. It enhances the employee’s job abilities; or

5. Refusal would impair the business relationship with the giver or would otherwise undermine a business opportunity for Gateway.

 

In order to accept a gift or entertainment opportunity under one of these special circumstances, the acceptance must be: (1) approved in advance by a director or above in the employee’s supervisory chain (if no director or above in the employee’s supervisory chain is available, the employee may contact the Ethics Help Line or the Gateway Law Department for approval); and (2) reported via the online reporting tool on the Source.

 

Examples of items which may be approved under these special circumstances include (1) sporting event tickets used as a sales incentive for non-management employees; (2) an opportunity to attend an educational conference related to the employee’s job where a supplier has offered to pay attendance fees, moderate transportation and/or lodging expenses; (3) an educational book or software which enhances the employee’s job abilities; (4) when doing business in parts of the world where gift-giving is prevalent and declining a gift may be insulting to the giver.

 

In determining an appropriate value for the gift or entertainment opportunity, employees should look to see the price at which the same or similar gifts or entertainment opportunities are offered to the public.

 

Evaluation Units

There may be times when a supplier provides sample products to Gateway employees for the purpose of evaluation and to consider whether Gateway has a business interest in the product. In order to fully evaluate the items, it may be necessary for the employee to use the item at home. Such evaluation and use is permissible provided that the employee retains the item for a period which is no longer than the amount of time necessary to evaluate the item, and in no case longer than 3 months. Once the evaluation period has expired, the disposition of the item shall be handled in accordance with the Gift & Entertainment Policy set forth above.

Ethical Relationship Management

Offering gifts and entertainment: In certain cases it may be appropriate to offer a gift or entertainment as a business courtesy. This is permitted provided:

• The employee is authorized to make the offer;

• The value of the offer is modest;

• The offer could in no way be interpreted as an attempt to improperly obtain or reward favorable treatment; and

• The person being offered the gift or entertainment is permitted under his or her company’s policies to accept the business courtesy.

Keep in mind that there are cases in which a gift, entertainment, or a favor would be acceptable under Gateway's Code of Ethics, but not acceptable under the customer’s or supplier's code. For example:

• The U.S. Government (as well as some state, local, and international governments) strictly prohibits solicitation and acceptance of business courtesies.

• Some commercial clients and suppliers also have practices or policies that limit substantially or absolutely prohibit the acceptance of business courtesies.

In such cases, Gateway employees will comply strictly with the customer’s or supplier's policies and, in the case of the U.S. Government, must never offer business courtesies.

 

Communities

The limits of involvement: Gateway encourages employee participation in community activities. Employees must, however, ensure that their civic activities do not, either directly or indirectly, conflict or create the appearance of conflicting with their responsibilities as Gateway employees. This example illustrates the point: Suppose you hold an elected or appointed position and an issue comes before you that might affect Gateway, such as voting on a land use ordinance that involves Gateway real estate or real estate that Gateway is interested in acquiring. What should you do? In this type of situation, you should abstain from discussing the matter and voting. If it’s a situation about which you are not sure if a conflict of interest, or an appearance of a conflict, exists, and if time permits, contact the Ethics Help Line or the Gateway Law Department for assistance. If time does not permit, you should abstain from the discussion and the vote.

 

Political contributions: Federal and many state laws prohibit publicly held corporations, like Gateway, from contributing to political parties or candidates. Accordingly, Gateway does not engage in such activities and no employee or agent of Gateway can make or approve contributions on behalf of Gateway. Employees are also prohibited from pressuring fellow employees or using their position at Gateway, or Gateway assets, to try to influence the personal decision of others, to contribute to or otherwise support political parties, candidates, or political action committees.

 

At times, however, Gateway may ask you to make personal contact with government officials or write letters in support of Gateway's position on a particular regulatory issue. You should know that your decision to participate in such activities is entirely voluntary. Employees may, of course, always participate as private individuals in the political process, using their personal finances. However, while you are doing so, it is important not to give the impression that you are acting on Gateway’s behalf or insistence.

One final word on political contributions: Gateway has established what's known as a Political Action Committee, or PAC, which is supported solely by voluntary employee contributions. PACs are lawful entities and may contribute to political parties or candidates without violating U.S. laws, state laws or this Code.

 

Protecting the environment: We at Gateway acknowledge the critical importance of safeguarding our environment so that future generations will have a safe place to live, work and have fun. To that end, we commit to the following:

• We will comply with all environmental laws and regulations and operate our facilities with the necessary permits, approvals and controls.

• We will consider environmental criteria when evaluating projects, products, processes and purchases.

• We will act to protect our natural resources by recycling and employing reusable materials and otherwise conserving energy resources.

• We will design our products so that they are safe for people to use and meet or exceed all applicable U.S. and international government standards and regulations.