presented by: sabri dogu abuska attorney at law. us government only contracts with...
TRANSCRIPT
Presented by:Sabri Dogu Abuska
Attorney at Law
US Government only contracts with “responsible” contractors◦ Adequate financial resources to perform◦ Able to comply with delivery or performance schedule◦ Satisfactory performance record◦ Satisfactory record of integrity and business ethics◦ Necessary organization, experience, accounting and
operational controls, and technical skills◦ Necessary production, construction, and technical equipment
and facilities◦ Otherwise qualified and eligible to receive award
Recent additions: 52.203-13 Code of Business Ethics and
Conduct 52.203-14 Hotline Poster Display Eventhough these clauses not applicable for
contractors and subcontractors performing entirely outside the US many none US Construction Companies undertaking contracts for US Department of Defense and Department of State are establishing such programs for the benefits such programs are offering to the US Gov. Contarctors (there are pending proposals to require these clauses for work performed outside the US)
FAR Now Requires Compliance and Ethics Program
FAR Now Requires Compliance and Ethics Program
Embed ethics into the organizational culture
Early detection/correction of problems
Preserve brand/protect reputation
Increased employee morale and retention
Meet regulatory requirements
Benefits of an Effective Compliance and Ethics Program
Benefits of an Effective Compliance and Ethics Program
Requires Contractor to implement a Contractor Responsibility Program/Compliance and Ethics Program
Appoint an Ethics Program Director Implement a:
◦ Code of Conduct◦ Training program for administrative, managerial, and
supervisory employees on the subjects of business ethics and contracting with the U.S. Government and
◦ Government Contracting Policies and Procedures Manual◦ Hotline for reporting suspected misconduct
Serves as a guide for providing professional services during all phases of design, as well as the preparation of contract documents and claims related to construction projects for the US Government◦ Applies to both prime contracts and subcontracts◦ U.S. Government standards of conduct◦ Contract formation◦ Contract administration◦ Performance Issues◦ Terminations◦ Disputes/Claims◦ Audits and Investigations
The Code of Ethics and Business Conduct (the “Code”) states the core principles and values that govern the conduct of ........... Company’s business
The Code affirms Contractor’s commitment to compliance with the letter and spirit of applicable law and regulation
The Code is in 6 sections:◦ Company Mission Statement and Core Values◦ Purpose and Use of the Code of Corporate Ethics◦ Compliance with US Laws, Regulations, and Company Policies◦ Professional Integrity and Ethics◦ Respect for Our Family and Customers◦ Community and Good Citizenship
Oversees and monitors the implementation of .......... Company’s Compliance and Ethics Program (“the Program”)
Ensures that the Program, and Code of Conduct, are periodically revised to reflect changes in laws, regulations, and policies
Coordinates training related to the Program Responds to reports of problems and to Hotline
calls and letters Independently investigates reports of suspected
violations and coordinates any necessary corrective actions
Oversees and facilitates compliance with:◦ U.S. procurement laws, rules, and regulations ◦ ...... Company’s policies and procedures
Hotline oversight and monitoring:◦ Ensures adequate investigation and propose
resolution of all complaints received◦ Reports all alleged improprieties and investigations
to the U.S. Army Sends Quarterly Reports on ......... Company’s
Compliance and Ethics Program to the Army◦ 3 month intervals◦ Generally reports on progress of training efforts and
responding to hotline calls
Investigates allegations of violations of:◦ Administrative Compliance Agreement◦ Code of Conduct◦ Government Contracting Manual ◦ other matters that raise questions
about ............ Company’s “present responsibility”
At end of each investigation, provides written report to ........ Company’ Directors and U.S. Department of the Army;◦ substance of the allegations◦ evidence from the investigation◦ findings◦ recommendations
Ethics Prog. Dir. is also available for consultation on any questions concerning the company’s business practices or employee responsibilities, including required reporting of improprieties◦ Think of him as a resource
For reporting suspected instances of improper conduct to the Ethics Program Director, such as:
◦ Fraud, waste, abuse
◦ Violation of the terms of a Government contract
◦ Violation of the terms of the Administrative Compliance Agreement
◦ Violation of the Code of Conduct or Government Contracting Manual.
All employees have an affirmative duty to report suspected violations of the Administrative Compliance Agreement, or improprieties regarding Government contracting and/or operations to Ethics Program Director within three (3) days of discovery.
Hotline notification poster located at employee work and break areas
Reports may be made anonymously - anonymous reports will be acted on the same as those made by identified persons
The Ethics Program Director shall ensure that each call is adequately investigated and resolved.
The hotline number is 0 800 .............(from ..........) and 1008 #4 .... ... ...... ........ (from ......and ................).
Reports may also be sent to Mr./Msr. ............at ........... Companny office,located at the following address ......... ................................... .
Monitor employee compliance with the policies and procedures set forth in the Manual
Report to Ethics Program Director Located at project sites where tyhe Company is
performing Government contracts ........Company will consider such compliance
when making decisions concerning personnel decisions, including compensation
Undertake and complete compliance audits in order to ensure the Code and Manual are implemented
......... Company will cooperate fully with all internal and Government investigative authorities. When deemed necessary, will:
• Make available any of its employees for interview to evaluate:
- Future compliance with federal procurement policies and regulations; and
- Maintenance of the high level of business integrity and honesty required of a Government contractor
• Produce documents, records, and supporting material for examination, inspection, audit and reproduction as they relate to any report, allegation, or complaint of suspected wrongdoing and
• Allow Government authorities full access to ......... Company’s facilities, both in the Company’s country and at other locations of Government contract performance.
.......... Company and its Affiliates
shall not knowingly form a contract with, purchase from, or enter into any business relationship with any individual or business entity that is listed by the General Services Administration (GSA) on the Excluded Parties List System (EPLS) as debarred, suspended, or proposed for debarment
shall make reasonable inquiries into the status of my such potential business partner, to include, at a minimum, review of the EPLS