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National Defense June 2005 L. James D'Agostino |
Raising the Bar To Meet the Next Wave of Reform Recent procurement scandals have prompted numerous ethics reform initiatives by federal prosecutors, regulators and legislators. Given the volume of spending related to Operation Iraqi Freedom and on-going homeland-security initiatives, the industry can expect the greatest level of scrutiny since Operation Ill Wind in the 1980s. |
National Defense April 2009 Hickey & Parker |
White House Kicks Off New Wave of Reforms Pledges and actions in the president's first few weeks in office, signal that increased ethics restrictions on government appointees, lobbyists and contractors have arrived. |
National Defense July 2007 Manik K. Rath |
Mergers, Acquisitions Call for Added Scrutiny When acquiring or merging with any government contractor, reviewing ethics policies, compliance programs, and all recent voluntary disclosures will provide a wealth of invaluable information. |
National Defense January 2006 Reeder & Hickey |
Make Commitment To Corporate Ethics The National Defense Industrial Association puts ethical conduct on par with shareholder profits and believes maintaining the highest ethical standards throughout the defense industry has never been more important to the country. |
National Defense February 2004 James McAleese |
Safe Harbors of Ethical Conduct Needed in Defense Procurement In light of a recent series of isolated, highly controversial public scandals with respect to several major defense acquisition programs, it is important to create "safe harbors" of conduct so that both government and contractor personnel can work as a cohesive team . |
National Defense February 2009 McGrath & Connolly |
Final Rules on Mandatory Disclosure Effective Dec. 12, 2008, government contractors will face what rule authors characterize as a "sea change" in how government enforcement authorities expect to govern in the future. |
National Defense October 2015 Berry & Hutchens |
Creating an Ethics Compliance Program Government agencies and mature prime contractors expect emerging contractors to reflect the same "culture of ethics and compliance" that large companies commit substantial resources to implementing. |
National Defense February 2009 David H. Laufman |
Mandatory Disclosure Regime Raises Stakes for Contractors A new regulatory enforcement regime has now commenced that underscores the Department of Justice's aggressive approach to procurement fraud and dramatically increases the compliance and disclosure obligations of defense contractors. |
National Defense December 2009 McGrath & Connolly |
Industry Should Prepare for Review of Ethics Programs Contractors may soon have more complete answers as to how the Defense Department will verify contractor compliance with the Federal Acquisition Regulation's recent ethics program requirements. |
National Defense April 2008 McGrath & Connolly |
New Rules For Federal Contracts Effective Dec. 24, 2007, the government-wide federal acquisition regulation (FAR) mandates a written code of ethics for almost all government contractors. |
National Defense October 2009 Stephen Epstein |
Companies Must Beware of New 'Revolving Door' Policies Relationships between government and private contractor representatives must be carefully approached as recent front page stories highlighting allegations of collusion and impropriety have shown. |
National Defense May 2013 Canni & Levy |
Agencies Becoming More Aggressive in Pursuit of Contractor Wrongdoing After years of congressional complaints, federal agencies are responding to concerns about how they handle contractor debarments and suspensions. New civilian debarment offices have emerged and are becoming active. |
National Defense January 2012 David Hickey |
Cutting Costs Does Not Require Cutting Compliance Lest anyone think the federal government will tolerate less contractor compliance, the current environment indicates that it is much more likely that the government will pursue allegations of non-compliance, fraud, waste and abuse with even greater vigor. |
National Defense November 2007 Hickey & Connolly |
Ethical Lapses Provide Valuable Training Tool A recently proposed amendment to the Federal Acquisition Regulations would call upon all government contractors to have a written code of ethics and business conduct. |
National Defense May 2008 Moorhouse & Connolly |
Contractors' Conflicts of Interest Under Scrutiny Contractors may soon be required to police their employees' personal conflicts of interest. |
National Defense November 2004 Joe Reeder |
Association Unveils New Ethics Code for Industry The National Defense Industrial Association's Ethics Committee has developed a benchmark statement of industry ethics for companies to incorporate into their day-to-day business. |
National Defense August 2007 Brian Sears |
Building an Ethical Culture From the Top The NDIA ethics code encourages companies always to aspire to and implement best practices in all dealings with the government and other businesses. |
National Defense January 2009 Sandra I. Erwin |
Industry Braces for Bigger Crackdown on Corruption Federal regulators recently introduced new anticorruption rules that lawyers inside the Beltway have characterized as unprecedented in their scope and power. |
National Defense March 2007 Ebner & Menker |
Message to Industry: `Do the Right Thing' Recent headlines have raised concerns about how federal procurements were handled on a variety of levels. Introduced last fall, a bill entitled the Clean Contracting Act may pass in the 110th Congress. These proposed changes are a harbinger of things that may come. |
National Defense January 2014 Cannon & Scott |
Anti-Bribery Law Demands Vigilance November marked the one-year anniversary of the release of the resource guide to the Foreign Corrupt Practices Act, and should serve to remind all defense contractors of the critical importance of keeping their compliance program current and effective. |
National Defense September 2007 D'Agostino & Connolly |
Contractors See Rise in Fraud Counterclaim Government contract fraud counterclaims are on the rise, and court decisions increasingly are recognizing fraud liability. |
Inc. November 2004 Darren Dahl |
Do the Right Thing -- or Else New federal ethics rules apply to all companies, regardless of size. |
National Defense March 2004 Richard J. Bednar |
Small Companies Need Ethics Programs Too The Defense Industry Initiative on Business Ethics and Conduct (DII)-- focused on defense industry ethics and conduct programs since its inception in 1986--has developed a "tool kit" to help smaller defense contractors plan ethics and conduct program. |
National Defense March 2011 |
Statement of Defense Industry Ethics In November 2004, after several months of in-depth review the National Defense Industrial Association finalized and published its Code of Ethics. Five years later in 2009, NDIA undertook to review, and, in a small number of ways made minor but we believe worthy revisions. |
National Defense August 2005 Joe Pappalardo |
Investigators Band Together Against Contracting Fraud A scandal involving the manipulation of a $20 billion contract for Air Force refueling tankers served as an impetus for an interagency effort to police government deals for abuse and conflicts of interest. More than 20 federal agencies are involved, and that list is growing. |
National Defense February 2010 Sean M. Connolly |
New Personal Conflicts of Interest Rules Proposed Federal Acquisition Regulations call for contractors to police their employees' personal conflicts of interest or face serious disciplinary action. |
National Defense November 2014 Tompkins et al. |
Executive Orders Require Vendors' Attention While the use of executive orders and the federal procurement process to implement non-procurement policy are not new phenomena, contractors should consider these issues with renewed focus. |
National Defense April 2011 D'Agostino & Goodwin |
Lessons Learned From Latest Ethics Violation The Defense Department's inspector general's office in January reported instances of noncompliance with the Federal Acquisition Regulation, and recommended remedial action to improve the Army Logistics Civil Augmentation Program IV support contract. |
National Defense June 2015 Sandra Evers-Manly |
An Ethical Culture: Own it, Live it, Lead it Anyone involved in ethics and compliance within the defense industry should know that to be truly effective, a corporate ethics program requires more than a "check the box" approach |
National Defense November 2006 James A. Hughes |
Blended Workforce Poses Conflict of Interest Risks The Acquisition Advisory Panel noted the emergence of a "blended" workforce, where contractors work side-by-side with federal officials. The panel observed that the lines between governmental and commercial functions have blurred. |
National Defense June 2006 D'Agostino & Hickey |
Career Transitions, Conflicts of Interest Employees by the thousands transition from military and civilian government service to the private sector. These employees and the companies recruiting and employing them must know the ethical rules applying to the different phases of this transition. |
National Defense April 2014 Matt Cannon |
Civil Litigation Can Sink Contractors Most people picture high stakes civil litigation taking place in a courtroom where a party has the chance to persuade a judge or jury to validate or reject huge claims for damages. |
National Defense November 2015 Bradel & Ralph |
Justice Memo Calls for Absolute Cooperation The Foreign Corrupt Practices Act is a statute aimed at eliminating corporate bribery of foreign government officials. A defense contractor doing work overseas must be familiar with its tenets. |
National Defense July 2006 Dorn C. McGrath |
What's Good for the Goose and the Gander Actual bad faith by government officials is relatively rare, but it happens, and making government officials accountable when it does occur is essential to the integrity of our procurement system. |
National Defense February 2008 Joseph J. Summerill |
Congress to Enact New Accountability in Contracting Congressional interest in oversight of government contracting began early last year with separate bills during the first three months of the 110th Congress in both the House and Senate that provided for contractor oversight and limited the number of sole source contracts. |
National Defense March 2012 Jacob Pankowski |
Take Heed of Post-Employment Restrictions The new Defense Acquisition Regulation System clause requires offers on Defense Department contracts to represent that all covered ex-department officials expected to work on any resulting contract are in compliance with all post-employment restrictions. |
National Defense June 2012 David T. Hickey |
Small Business Compliance Issues Receive Increased Scrutiny The president and his administration, lawmakers, prosecutors, inspectors general, auditors, reporters, whistleblowers, company compliance officers, and industry watchdogs all seek to identify and eliminate fraud, waste and abuse from federal programs. |
National Defense November 2011 Piazza & Ayers |
Regulators Flex Foreign Corrupt Practices Act Enforcement Muscles Continuing a trend that started late in the last decade, the Securities and Exchange Commission this year continues to raise the bar on the enforcement of the Foreign Corrupt Practices Act of 1977. |
InternetNews September 22, 2004 Jim Wagner |
Former CA CEO Indicted Sanjay Kumar is charged with securities fraud, conspiracy and obstruction offenses, while his former company Computer Associates strikes a deal to avoid court. |
National Defense February 2006 Reeder & Hickey |
Defense Industry Political Activities: Do's and Don'ts Basic knowledge of the do's and don'ts of corporate political activity will prevent serious and potentially embarrassing pitfalls, and corporate leaders must know or be able to assess quickly the nuances before permitting any financial participation by anyone. |
National Defense February 2012 Sean M. Connolly |
Update Emerges For New Personal Conflicts of Interest Rule Effective Dec. 2, 2011, the Federal Acquisition Regulation requires U.S. government contractors and subcontractors to prevent personal conflicts of interest that arise during their employees' performance of certain acquisition functions. |
National Defense May 2010 Dorn C. McGrath |
Contractors Must Begin to Update Integrity Database The National Defense Authorization Act of 2009 now requires the government to develop and maintain an information system containing specific information on the integrity and performance of federal contractors and grantees. |
National Defense September 2015 Charles L. Szews |
Trust Plays Big Role in Corporate Culture In the defense industry, doing the right thing protects American lives and has national security implications. |
National Defense August 2013 Patti Ellis |
Corporate Ethics Education Yields Rewards Raytheon produces a popular video mini-series each quarter, called "EthicSpace" that, like the Checkpoint program and FCPA Aware, is based on actual case experiences meant to prompt conversation. |
National Defense July 2015 Terry L. Elling |
How to Recruit Government Workers For many government contractors, current and former government employees -- including military service members -- comprise an experienced and valued source of talent. |
Pharmaceutical Executive January 1, 2013 Ben Comer |
Compliance in the C-Suite Compliance officers have risen into pharmaceutical management's highest ranks, by choice in some organizations, and by government decree in others. Either way, their importance as a strategic partner can hardly be understated. |
National Defense January 2015 Ryan Berry & Guy Filippelli |
Compliance Programs Need Data Analytics Without data analytics tools, companies remain dependent on human identification of risks and violations. Their compliance efforts often consist only of training employees to spot misconduct, and in setting aside financial reserves to fund expensive, after-the-fact investigations by outside counsel. |
National Defense December 2012 Traci Thompson |
Effective Ethics Programs Come From the 'Middle' Without continuous executive team commitment for its code of conduct and ethics program, a company's effort to promote consistent ethical behavior can quickly lapse into a hollow, politically correct endeavor. |
National Defense December 2005 Reeder & Hickey |
`Tis Once Again the Season To Be Jolly, but Wise It's that time when the Defense Department's Standards of Conduct Office issues guidance and emphasizes the rules governing partying and gift giving between contractors and their government customers. |
National Defense October 2006 Fayad & Hickey |
Internal Investigations: Accounting for In-House Costs This article examines the treatment of certain costs for an investigation and related corrective measures under the Federal Acquisition Regulation ("FAR"), and distinguishes those in-house costs that may be recovered from those that may not for government contractors. |