Authority/Reference(s) Texas Ethics Commission; Texas Penal Code §36.09
Revision Date September 1, 2021


Contract staff must be familiar with the DFPS Ethics Policy: Section VII, Contracting.

DFPS staff with procurement and contracting responsibilities must remain vigilant for signs of potential violations of ethics rules, policies, and standards of conduct. Failing to do so, or failing to disclose potential conflicts of interest could result in disciplinary action up to and including termination.

DFPS staff transitions will occur with the implementation of Community Based Contracts (CBC) through Single Source Continuum Contractors (SSCC) and other program delivery transitions from the State to contractors. DFPS staff with responsibilities in the management and oversight of the SSCC and other transitioned services delivery must be aware of contracting ethics and any conflicts of interest or perceived conflict of interest that may arise.  When questions or concerns arise, contact the TA BOX or Legal Box.

All DFPS staff who participate in contract and  procurement activities, or who are responsible for contract administration, contract management, contract monitoring, and contract oversight must act in the best interest of the state and avoid any activity that could potentially impair their ability to carry out these duties with independence and objectivity or give an appearance of such an impairment.

As detailed in Contract Manager Conflict of Interest Requirements, contract staff must complete and submit Form 5643, Nondisclosure and Conflict of Interest Certification upon hire, and at least annually, thereafter.  Additionally, contract staff must complete the annual Ethics Training for Contracting and Procurement Personnel .

The following options should be used for reporting any potential or known ethical or standard of conduct violations:

  • Reporting to Immediate Supervisor: An employee may report any potential or known ethical or standard of conduct violations to their immediate supervisor. Reporting may be verbal or written and may be made by anyone having knowledge. The supervisor must report all allegations to the DFPS Ethics Officer for a preliminary review and determination as to the necessity for an investigation of the reported violations.

If an investigation is warranted, the Ethics Officer or supervisor must report the matter to the HHS Office of the Inspector General for further action.

  • Reporting to the DFPS Ethics Officer: Violations, or possible violations, may be reported directly to the DFPS Ethics Officer.

For suspected Fraud, Waste and Abuse by a contractor, contract staff must report directly to the Office of Inspector General.

Staff Augmentation Contractors

All Staff Augmentation Contractors must sign a Contractor Integrity Agreement. The Information Resource Management Division is responsible for ensuring Staff Augmentation Contractors sign the agreement at time of hire and for maintaining the documentation as stipulated by the record retention policy. 

Nondisclosure and Conflict of Interest Certification, Form 5643, is required if staff augmentation contractors:

  • participate in the procurement process by approving funding or making decisions about the purchase of goods or services;
  • participate in the preparation, negotiation,  evaluation or award of a solicitation;
  • manage or monitor budgets, milestones, or deliverables; and
  • review and approve contract documents.