Subpart 2103.5—Other Improper Business Practices
2103.570 Misleading, Deceptive, or Unfair Advertising.
2103.571 Contract clause.
Authority: 5 U.S.C. 8716; 40 U.S.C. 486(c); 48 CFR 1.301.
Source: 58 FR 40373, July 28, 1993, unless otherwise noted.
(a) OPM, or the Contractor with the approval of OPM, makes available to Federal employees a booklet describing the provisions of the FEGLI Program, which includes information about eligibility, enrollment, and general procedures. The booklet, along with valid election documents, serves as certification of the employee's coverage under the FEGLI Program. Any marketing/advertising directed specifically at Federal employees and life insurance contacts with Federal employees for the purpose of selling FEGLI Program coverage must be approved by OPM in advance.
(b) The Contractor is prohibited from making incomplete and/or incorrect comparisons or using disparaging or minimizing techniques to compare its other products or services to those of the FEGLI Program. The Contractor agrees that any advertising material authorized and released by the Contractor which mentions the FEGLI Program will be truthful and not misleading and will present an accurate statement of FEGLI Program benefits. The Contractor will use reasonable efforts to assure that agents selling its other products are aware of and abide by this prohibition.
(c) The contractor's failure to conform to the requirements of this subpart shall be considered by OPM in the determination of the service charge prenegotiation objective.
[58 FR 40373, July 28, 1993, as amended at 70 FR 41150, July 18, 2005]
The clause at 2152.203–70 shall be inserted in FEGLI Program contracts and in subcontracts.