Thursday, November 17, 2022

Ethics Training For Government Contractors

Don't Miss

Three Fundamental Questions Must Be Asked Of The Corporate Compliance Program:

Business Ethics and Values for Government Contractors
  • Is the compliance program well designed?
  • Has a risk assessment been performed to identify the particular types of non-compliance likely to occur?
  • Do policies and procedures exist that identify a commitment to full compliance with relevant Federal laws available to all employees?
  • Is appropriately tailored communication and training provided to all relevant employees with certification of receipt and understanding?
  • Is the compliance program being applied earnestly and in good faith is it being implemented effectively?
  • Is there complete commitment by top management to the success of the program?
  • Are internal audit functions sufficiently qualified and provided the appropriate resources to conducted investigations of suspected non-compliances?
  • Does the contractors compliance program work in practice?
  • Is there a commitment to continual improvement, periodic testing and review?
  • Is there the existence of a well-functioning and funded mechanism for timely and thorough investigation of any allegation or suspicion of misconduct and non-compliance?
  • Is the contractor able to conduct a root cause analysis of misconduct and timely implementation of appropriate remediation?
  • The answers to the above questions are what the Justice Department uses when determining charging decisions, resolution format, monetary penalties and whether to impose compliance obligations such as monitoring or continued reporting when addressing non-compliances.

    Sba Size And Affiliation Consulting

    Does your company have a SBA size standard problem? The SBA size and affiliation rules can be complex and confusing, leading some companies to wonder whether they truly qualify as small.

    Koprince McCall Pottroff can help reduce your SBA affiliation risks by performing a top-to-bottom audit of your companys ownership, management, and contractual relations. Based on our experience with SBA size protests, SBA size appeals, and SBA size determinations, Koprince McCall Pottroffs attorneys can review your companys size much like the SBA would, and offer you strategies to correct any size or affiliation problems, before they result in an adverse SBA size determination.

    Find out more about Koprince McCall Pottroffs SBA size and affiliation consulting services.

    Can Contractor Code Of Conduct And Business Ethics Prevent Government Contract Fraud

    No. There is no absolute guarantee that fraud will not occur in your company. However, has a viable contractor code of conduct and business ethics can help to reduce the adverse impact of any criminal allegations to your company. Federal law enforcement offices are aggressively targeting small businesses and large DOD companies for government contracting fraud. You want to take the time to invest in strong ethics and code of conduct. When fraud is alleged and you have valid programs in place, it may be that you may have an isolated employee who was acting outside of his or her authority.

    Make mandatory that you revise your contractor code of ethics at least every twenty-four months. Also, have your employees take annual training. This can help your company in the event of a government investigation.

    Recommended Reading: Government Fee For Trademark Registration

    Government Contractors Follow A Written Code Of Business Ethics And Conduct

    A companys code of ethics are policies based on law and intrinsic values important to the business. While this code varies from company to company, is it vital to have a code in writing to help all employees understand expectations and the rules they have to follow. This is no different for government contractors.

    According to Federal Acquisition Regulation 3.1002 Policy, contractors should have a written code of business ethics and conduct, an employee business ethics and compliance training program, and an internal control system adhering to the following best practices:

  • Suitable for the size of the company and the extent of its involvement in government contracting
  • Facilitates timely discovery and disclosure of improper conduct in connection with government contracts and
  • Ensures corrective measures are promptly instituted and carried out.
  • If the contract is expected to exceed $5.5 million and the performance period is 120 days or more, the above requirements are mandatory, according to FAR 52.203-13 Contractor Code of Business Ethics and Conduct.

    Realistically speaking, while a contract exceeding $5.5 million to a small government contractor would be a significant contract win, it is not unobtainable and a contract with a performance period of 120 days is only four short months. This means, government contractors of all sizes will likely need to meet the requirements.

    Government Contractor Ethics Far Basic Statutory Requirements

    Bellwether Services Blog: John Wilkerson scheduled to ...

    Under FAR 3.10 Contractor code of business ethics and conduct, government contractors should have a written policy in place. To promote compliance with the statutory requirements, you should have a code of ethics for government contractors and compliance training program plus an internal control system that

    Are suitable to the size of the company and the extent of its involvement in Government contracting

    Facilitate timely discovery and disclosure of improper conduct in connection with Government contracts and

    Ensure corrective measures are promptly instituted and carried out.

    Also Check: Free Phones For Disabled Persons

    What Is The Requirement

    Under the Federal Acquisition Regulation , section 203.10, federal government contractors are required to conduct themselves with the highest degree of integrity and honesty and to have a written code of business ethics and conduct, an employee business ethics and compliance training program and an internal control system. These programs and systems should:

    • be suitable to the size of the company and extent of its involvement in government contracting,
    • facilitate timely discovery and disclosure of improper conduct and
    • ensure corrective measures are promptly instituted and carried out.

    This compliance program requirement is implemented by FAR 52.203-13 , which must be included in solicitations and contracts if the value of the contract is expected to exceed $5.5 million and the performance period is 120 days or more.

    The scope of this requirement depends on the size of the contractor and whether its government contracts are limited to commercial items. For all contractors:

    Additional requirements apply to large businesses that engage in noncommercial items contracting, including:

    In short, a covered contractor must have a code of business ethics, a training program, internal controls and a culture of compliance. The regulation provides structural parameters but no template it recognizes that one size does not fit all.

  • Is the corporations compliance program well-designed?
  • Does the corporations compliance program work in practice?
  • Online Code Of Conduct Training

    WithTraliants modular approach to Code of Conduct training, organizations can choose from over 25 topics to ensure the course reflects the issues that are most relevant to their business and workforce. The course can also be customized with a companys unique branding, images and video message to reinforce leaderships commitment to creating and maintaining a culture of integrity.

    Topics are presented in bite-sized episodes, with a host who guides learners through interactive video scenarios depicting real-world situations. eLearning exercises, knowledge checks and assessments are integrated throughout the course, challenging employees to think about what it means to make ethical decisions and the consequences of misconduct.

    Traliants Code of Conduct training can be translated into 100+ languages and is mobileoptimized for any device or platform. The course includes an acknowledgement form and link to the organizations written Code of Conduct policy. Traliant also offers Code of Conduct for Healthcare Employees, Supplier Code of Conduct and Federal Acquisition Regulation Code of Conduct for federal contractors and subcontractors.

    Code of Conduct Edition

    Don’t Miss: Los Lunas Gov

    Federal Acquisition Regulation Training

    Complying with the Federal Acquisition Regulation is a must for any government contractor. But the FAR is more than 2,000 pages in printed form, so how can any businessparticularly a small businessbe expected to know all the rules?

    Our attorneys know the FAR, and they have counseled clients on meeting its requirements. If your company requires FAR training, we can help provide it.

    Government Contractor Code Of Business Ethics And Conduct

    Ethics & Compliance Training | NAVEX Engage

    In 2008, under FAR 52.203-13, Contractor Code of Conduct and Business Ethics and Conduct the clause promulgated that appears in all Federal prime contracts that exceed $5 million and have a period of performance of 120 days or more and is required to be included in subcontracts of that dollar amount and period of performance.

    As a matter of practice, the Federal government has initiated greater scrutiny on government contractors for lack of sufficient internal policies and controls.

    Your code of ethics is especially important when your company is targeted for suspension and debarment or some level of a federal government investigation. Having one shows a mitigating circumstance that can also have some impact on the outcome.

    If you are doing business with the government, you should have already implemented your contractor code of business ethics and conduct Policy, code of ethics in contracting and internal contract compliance program. When issues arise or audits occur, having some level of ethics control can help to mitigate adverse results. Find out how to avoid mistakes with SDVOSB joint ventures.

    Don’t Miss: Cio Sp3 Fbo

    Organizational Conflict Of Interest Training

    Avoiding organizational conflicts of interest is essential to success as a government contractor, but sometimes, a written OCI mitigation plan may not be enough. Koprince McCall Pottroff can provide your employees with training on the FARs OCI restrictions, GAO and federal court case law interpreting those restrictions, and best practices and policies for avoiding, neutralizing and mitigating OCIs.

    Giving your employees formal OCI training not only helps avoid OCIs, but may help demonstrate to procuring agencies that your business takes its OCI obligations very seriously.

    Find out more about Koprince McCall Pottroffs Organizational Conflict of Interest training.

    Far Codes Of Ethics And System Of Internal Controls

    The FAR states that all contractors should have a written code of ethics, but does not tell contractors what to include. Koprince Law can prepare a thorough, comprehensive and effective code of ethics for your company, including such things as:

    • Your companys ethical mission statement
    • Prohibitions on particular unethical activities
    • A policy of internal and external disclosure
    • Disciplinary action to be taken against those who commit violations
    • Employee acknowledgement of receipt
    • Much more

    Read Also: Federal Jobs In Las Vegas Nevada

    Government Contracts Training & Consulting

    Koprince McCall Pottroff attorneys provide individualized training and consulting services to federal government contractors. Our attorneys are regular speakers and consultants on SBA size and affiliation issues, FAR compliance, SBA size protests and appeals, GAO bid protests, and many other government contracting matters.

    Compliance Checklist For Federal Contractors

    Training

    Although they’re not often thought of in this way, government contractors are the sector of the economy that is the most heavily regulated. Any company that wants to work continuously in this field should know there are dozens of statutes that control its behavior. It’s smart for companies in this area to take formal compliance training to make sure they’re on the correct side of the law. They should also maintain and update reports, codes, and logs.

    Many times they’ll need to publish not only the Codes of Conduct and Business Ethics and Disclosure Policies, but educate their employees when it comes to compliance. This means they should positively engage all employees in matters of compliance and report potential problems or suspected misconduct. The context of the rules needs to be complied with in order to comply. A helpful starting point is the FAR, which applies to the contracting community and the government itself. It sets the rules for the acquisition process that executive agencies in the federal government acquire services and goods with appropriated funds.

    The other type of knowledge for government contractors is related to criminal regulations and laws that go into being a contractor. They relate to corruption, espionage, and fraud, and many are found in the Defense Federal Acquisition Regulation Supplement.

    Hire the top business lawyers and save up to 60% on legal fees

    Recommended Reading: Las Vegas Gov Jobs

    For Contractors Who Must Comply With Federal Acquisition Regulation Rules

    The Federal Acquisition Regulation or FAR is a set of rules to ensure that contractors and subcontractors who do business with the federal government comply with standards for honest and ethical conduct. FAR is designed to address waste, fraud and abuse, enhance the integrity of the procurement system, and promote regulatory clarity and consistency.

    FAR Code of Conduct training is an important step in helping contractors and subcontractors stay FAR compliant and meet the requirement to adopt a code of business ethics and conduct, implement internal controls and encourage individuals to report misconduct.

    Contractor Code Of Business Ethics And Conduct

    Though not required, the benefits of a code argue for the code being company-wide, including the contractors total mix of government and commercial business. Contractors with a global workforce may find it appropriate to have geography-based modules. While there is no prescribed template, a code will usually include the following components:

    The introduction sets the tone. Most codes start with an endorsement from the highest level of the company, statements of the companys ethical principles , and a guide as to the scope of the code and the responsibility of employees to follow it.

    Companies must decide how much detail to provide. Greater detail will answer more questions but can be counterproductive if volume discourages employees from reading it. Companies must also decide how much discretion to allow should employees be encouraged to exercise judgment, or will it be easier for them to understand and comply with black-and-white rules?

    Many codes will set forth questions that employees should consider when facing ethical choices, such as:

    • How will this action look to a government investigator or prosecutor?
    • How would this action look in the newspaper?
    • Am I treating others the way I would want to be treated?
    • Does it feel appropriate in my gut?

    For example:

    Procurement Integrity. The code should alert all employees to the rules and risks and provide guidance when encountering sensitive procurement information that could give the company a competitive advantage.

    You May Like: Entry Level Government Jobs Sacramento

    S Government Contractors Can Take To Ensure Compliance

    There are a number of steps your organization can take immediately to ensure compliance with the FAR rules:

  • Conduct a risk assessment/gap analysis. This will help you identify those areas where your compliance efforts may be falling short.
  • Appoint a dedicated compliance officer. Compliance with the numerous federal ethics regulations/requirements is a daunting challenge that may be beyond the scope of your HR department. Appointing a dedicated compliance offer can ensure that you avoid the missteps that could lead to unethical behavior and ultimately result in suspensions or disbarment.
  • Craft a code. If you do not already have one in place, develop a well-crafted code of conduct that specifically addresses issues relevant to government contracting. Your compliance officer should bear the responsibility of code development, enforcement, and maintenance.
  • Implement a confidential hotline reporting mechanism. Instituting an anonymous whistleblower hotline managed by an independent third party provides employees and others involved with contract execution with a means of reporting incidents of misconduct without fear of retaliation.
  • Establish training programs. Have training programs in place for code of conduct education and all other pertinent ethics rules and regulations.
  • Review your programs at least once a year and update them as necessary.

    Training Employees To Recognize And Raise Concerns About Ethical Workplace Issues

    Ethics Training

    Code of Conduct training, especially during uncertain times, is an essential step in communicating an organizations core values and principles and ensuring employees understand their responsibility to act with honesty and integrity inside and outside the workplace.

    From avoiding conflicts of interest to protecting confidential information to preventing discrimination and harassment, Code of Conduct training teaches employees how to recognize and respond to potentially unethical or illegal situations that can harm an organizations reputation and result in costly violations.

    As part of an effective compliance program, Code of Conduct training provides a flexible way for organizations to demonstrate how ethical and compliance issues apply in everyday situations, and motivate employees to speak up and raise concerns.

    Don’t Miss: Government Contractors Charleston Sc

    Far Compliance Policies: Everything You Need To Know

    Far compliance policies stand for the Federal Acquisition Regulation , which serves as the guidebook government contractors use.3 min read

    Far compliance policies stand for the Federal Acquisition Regulation , which serves as the guidebook government contractors use. It outlines the regulations, rules, and processes that need to be followed by contractors throughout contract formation, contract administration processes, and the acquisition planning phase when the government is acquiring services and goods. It’s easy to overlook the FAR as many of the rules are about the finance departments and contracts within an organization. One part of the FAR that’s related to the Human Resource department is the Contractor Code of Business Ethics and Conduct.

    Need Ethics Training For Government Contractors

    If you find that your companys day-to-day operations and you later become subject to suspension and debarment actions, showing that you have undergone ethics training for government contractors could potentially reduce the adverse impact in your specific case.

    Call our government contract compliance lawyers for help with your contractor code of ethics and business conductat 1-866-601-5518 for a FREE INITIAL CONSULTATION.

    White Paper: Avoid 5 Costly Proposal Mistakes When Trying to Win Larger Government Projects

    Don’t Miss: Data Governance Implementation Plan

    Getting Help With Meeting Government Contracting Ethics And Compliance Requirements

    As mentioned, creating a code of conduct is a necessity for just about any organization involved in government contracting. If you need assistance in crafting a code for your company, please refer to the Lighthouse Services white paper Developing a Code of Conduct: A Step-by-Step Guide. To learn more about our wide array of training services that can help you fulfill the FAR ethics and compliance training requirements, please click here.

    Far Compliance: Code Of Business Ethics And Conduct

    PPT

    According to the FAR, all contracts must keep up business practices that have the highest level of honesty and integrity, and it’s mandatory that they have a written code of business conduct and ethics. The FAR suggests an internal control system and training program that’s related to the code of business ethics and conduct that should do the following:

    • Be appropriate for the size of the involvement in government contracting and the organization’s size
    • Allow disclosure that’s timely for improper conduct to the client
    • Make sure that corrective measures are followed and in place when needed.

    Government contracts that go over $5,000,000 within 120 days have more defined guidelines on the language that should be used in the contracts. Once that language is in the contract, it’s up to the organization to make sure the terms and conditions are carried out. It’s smart to have an ethics officer to look over the ethics program in the organization and make sure all of these requirements get met on a thorough and consistent basis. Ideally, the ethics officer is someone who’s a senior member of the organization and isn’t directly tied to the contracts administration.

    Don’t Miss: Dental Grants For Low Income Adults

    More articles

    Popular Articles