Construction > The New Contractor Business Ethics Compliance Program

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On November 12, the FAR Council issued a final rule establishing The New Contractor Business Ethics Compliance Program and Disclosure Requirements. The new rule is broad in scope, burdensome in application, and – in some respects at least – almost immediate in its effect. This new, one-day seminar by Federal Publications will examine the requirements of the new rule, which will result in significant changes for all government contractors and subcontractors.

The New Contractor Business Ethics Compliance Program and Disclosure Requirements is an accelerated one-day briefing on what contractors must know about the new rules on:

Internal Control Systems to Detect and Prevent Improper Conduct
Codes of Business Ethics and Conduct
Mandatory Disclosure Obligations
Requirements for Reporting Violation and Significant Overpayments
…and more

Since the rule went into effect on December 12,2008 and because elements of the new rule apply to all federal contractors, this course is essential to educate and protect your entire organization.

The new rule has four primary elements:

First, it requires all contractors (including commercial items contractors and small businesses) to establish and promote awareness of a Code of Conduct.
Second, it requires all contractors to disclose to the Government any “credible evidence” of (i) certain crimes, (ii) a violation of the civil False Claims Act (FCA), or (iii) a significant overpayment by the Government.
Third, it provides for suspension/debarment for a contractor’s failure to “timely disclose” those same events if there is "credible evidence" to support a violation – even where the event occurred prior to the effective date of the new rule.
Fourth, it mandates that large companies with non-commercial items contracts implement a comprehensive “internal control system.”

Contractor Business Ethics Compliance Program and Disclosure Requirements: Course Curriculum

Understanding the new rule and its scope
1. What is required?
  1. How does it differ from what exists now?
  2. To whom does the rule apply?
  3. When must you begin complying?
Understanding the risks of non-compliance
1. Suspension and debarment?
  1. Criminal prosecution?
  2. Breach of contract?
  3. Termination?
Complying with the new disclosure obligations
1. Understanding the company’s retroactive disclosure obligations
  1. Understanding the company’s “go-forward” disclosure obligations
  2. Understanding key terms
2. What is "credible evidence?"
  1. What is a “timely” disclosure?
  2. Who is a “principal”?
  3. What is a reportable crime?
Conducting internal investigations in the post-Dec 12 environment
1. Understanding what must be investigated
  1. Understanding how investigations must be conducted
  2. Understanding implications of investigation results
  3. Issues regarding the Attorney Client Privilege
Special M&A / due diligence considerations brought about by the new rule
1. Implications of the rule’s retroactive, “look-back” provisions
  1. Reviewing a company’sprior disclosures
  2. Reviewing target company compliance program
  3. New reps and warranties
Drafting a Code of Conduct
1. "Must have" provisions
  1. Tailored provisions
  2. What do you do with it?
  3. How do you prove employee awareness?
Implementing a compliant Internal Control System
1. Understanding the new minimum mandatory requirements
  1. Discussion of industry best practices

Course Faculty

Speakers

Jonathan S. Aronie is a partner in the Washington, D.C. office of Sheppard Mullin Richter & Hampton LLP, where he concentrates on all aspects of federal procurement law, including the Multiple Award Schedule Program. Mr. Aronie is a frequent writer and speaker on a wide range of procurement-related topics, including the Federal Publications seminar on Advanced Issues in Multiple Award Schedule Contracting. Mr. Aronie represents both large and small contractors, in classified and unclassified matters, before the full array of courts, boards, and federal agencies.

Mr. Aronie is a graduate of Duke University School of Law.

Louis D. Victorino practices law in the Washington, D.C. office of Sheppard Mullin Richter & Hampton LLP. Mr. Victorino's practice involves both counseling and litigation in the Public Contract Law field, representing domestic and foreign concerns that sell products or services to Federal, State, or local government agencies. In his 38 year career, he has litigated in excess of forty matters before the Court of Federal Claims, the Boards of Contract Appeals, the Comptroller General, as well as various state and Federal District Courts. He is admitted to the bars of the District of Columbia, California, U.S. Court of Federal Claims, and the Federal District Courts for the Northern and Central Districts of California, Colorado, Idaho, Michigan, Rhode Island, and Washington.

Mr. Victorino is a graduate of Stanford University and the UCLA School of Law, where he was an Associate Editor of the UCLA Law Review. He is an author and lecturer on Government Contracts Law.

Accreditation

CLE Hours

This Program is eligible for:

5.5 (60 minute)

(50 minute)

CPE Hours

This Program is eligible for:

6 (CPE) hours of credit

Program Level: Basic

Program Prerequisite: None

Advance Preparation: None

Method: Group-Live