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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 January 2007 David Hickey |
Companies Must Set and Review Compliance Priorities As 2006 closed, the Department of Justice's criminal division announced the formal creation of a national task force "to promote the prevention, early detection and prosecution of procurement fraud." |
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 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 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 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 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 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 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 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 May 2007 Dave Hickey |
Flurry of Lobbying Reform Affects Defense Industry The defense industry and others engaged in Washington policymaking will be inevitably be affected by recent government reform legislation. |
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 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 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. |
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 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 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 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 June 2008 D'Agostino & Parker |
Self-Disclosure Rules Create Ambiguities It is unclear if a recently proposed disclosure regulation will become final, but the attention it has received from Congress suggests increased mandatory disclosure is likely to occur in some form. |
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 October 2011 Steve Epstein |
Defense Department Contractors May See New Hiring Regulations A proposed Defense Department regulation, if implemented, will substantially change how contractors hire, oversee and track certain former civilian and military personnel. |
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 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 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 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 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 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 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. |
National Defense November 2013 John D. Altenburg |
Winding Down War Zone Contracts As with any arduous task for which a completion date is announced, the government assumed the risk of Afghanistan defense contractor lethargy -- or worse -- when it announced when the war will end. |
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. |
IDB America November 2003 Dennis E. Flannery |
Zero tolerance for corruption IDB takes series of measures to increase transparency |
National Defense September 2012 Richard L. Moorhouse |
Implementing Evolving Disclosure Rules Federal government oversight, scrutiny of contractors and enforcement actions are on the rise. |
National Defense December 2011 Moorhouse & Jack |
Frivolous Bid Protests Come With Risks The government and contractors both invest heavily in the lead up to contract formation, and both are expected to behave ethically towards one another with complete integrity. |
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 August 2012 Corrigan & Kaprove |
Defense Bill Shows Importance of Ethics and Compliance Programs At one hearing held by the Senate Homeland Security and Governmental Affairs Committee in November, Committee Chairman Sen. Joe Lieberman, I-Conn., criticized agencies for using suspension and debarment "all too rarely," and thereby permitting millions of dollars of waste, fraud or abuse. |
National Defense February 2007 Corrigan & Hickey |
Contractors Should Get Ready for Scrutiny Federal contractors must be prepared for the change in political and business climate in Congress. Companies can minimize risks by assessing political dangers and self-assessing ethics and compliance programs. |
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. |
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 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 June 2014 David Robbins |
Embracing Mandatory Disclosure Can Save Contractors Time, Trouble and Legal Fees The mandatory disclosure rule -- which requires federal government contractors to report fraud and overpayments -- is in the news again. |
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. |
CFO March 1, 2011 Laton McCartney |
Where There's Smoke, There's Fraud Sarbanes-Oxley has done little to curb corporate malfeasance. Therefore, CFOs should implement a range of fraud-prevention measures. |
National Defense May 2009 Moorhouse & Connolly |
Further Government Contracting Reform on the Obama Agenda The administration has committed to take specific steps to reduce wasteful spending, overcharges, and fraud. |
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. |
IDB America May/Jun 2000 Paul Constance |
Lousy Deal When governments buy goods and services, the price always seems to be inflated. Now some countries are finding better ways to prevent abuse |
National Defense January 2004 Lawrence P. Farrell Jr. |
Corporate Self-Governance Remains an Imperative The ethics-related issues that have put the defense industry on the front pages in recent weeks obviously have prompted concerns among business leaders. |
Inc. November 2004 Darren Dahl |
Do the Right Thing -- or Else New federal ethics rules apply to all companies, regardless of size. |
FDIC FYI July 24, 2002 |
Enhancing Financial Transparency Participants in the conference discussed the strengths and flaws inherent in the U.S. financial reporting process and suggested ways of modifying not only the reporting mechanism, but also the accounting standards that underlie financial statements, audit opinions, credit ratings and analyst reports. |
National Defense June 2009 Sandra I. Erwin |
Defense Industry: What Does Change Really Mean? The defense industry is unsure how they will be affected by revamped procurement practices promised by the Pentagon. |
National Defense August 2005 Moorhouse & Hickey |
Contractor-Sponsored Events: Navigating Through the Rules For contractor-sponsored events that involve federal employees, the following considerations should be examined by federal contractors and their government customers. |