On November 27, 2015, the Office of Government Ethics (“OGE”) issued a proposed rule that would revise the portions of the Standards of Ethical Conduct for Executive Branch Employees that govern the solicitation and acceptance of gifts from outside sources (“Standards”). See 5 CFR § 2635. Although it is a proposed rule (with the comment period closing on January 26, 2016), the OGE has identified several areas in which the new language is meant to “clarify” the existing rules and “incorporate past interpretive guidance.”
Continue Reading OGE Issues Proposed Rule Regarding Gifts for Executive Branch Employees
Hiring a Former Government Official? Obtain and Hold On to the Ethics Letter
The Department of Defense (DoD) Office of Inspector General (IG) recently released a July 6, 2015 Memorandum announcing that it will “immediately” begin the field work for its assessment of DoD compliance with Section 847 of the 2008 National Defense Authorization Act (NDAA), “Requirements for Senior Defense Officials Seeking Employment with Defense Contractors.” Section 847
New Compliance Requirements to Prevent Trafficking: What do the rules require? What contractors are subject to them? What questions remain?
On January 29, 2015, the FAR Council published a final rule amending the Federal Acquisition Regulation (FAR) to strengthen existing regulations against trafficking in persons. The new rule, which will be effective March 2, 2015, includes a variety of new compliance provisions that will impact government contractors of all shapes and sizes. The agencies first published a proposed rule on September 26, 2013, implementing Executive Order 13627 and the National Defense Authorization Act for Fiscal Year 2013, to strengthen the government’s zero-tolerance policy regarding contractors engaging in prohibited trafficking activities. The proposed rule enhanced the existing FAR clause in all government contracts (which prohibits trafficking in persons, procuring commercial sex acts, and using forced labor) by adding mandatory notification of possible violations, reporting channels for employees, investigation mechanisms, and subcontractor monitoring and flow down requirements, among other requirements.
The proposed rule left contractors with many lingering questions regarding their compliance obligations and, while the final rule answered some questions, many questions remain. One thing is clear – contractors should pay attention and determine whether, and to what extent, this final rule will impact them.
Continue Reading New Compliance Requirements to Prevent Trafficking: What do the rules require? What contractors are subject to them? What questions remain?
2014 Gov Con Labor Issues Compliance Brief – Repost by popular demand
Thanks for all the positive feedback. Happy this has been a help. Reposting the compliance brief in response to several requests. Thanks for the interest.
http://www.shulmanrogers.com/media/publication/170_GovCon%20Compliance%20Brief%20Fall%202014.pdf
My Mandatory Disclosure article in National Defense Magazine
Ever had to deal with the Mandatory Disclosure Rule and its less-than-clear guidelines for what to report to the IG and CO? I’ve written an article for National Defense Magazine that looks at the stakeholders that analyze each mandatory disclosure, and discusses the impact disclosures have on these communities.
http://www.nationaldefensemagazine.org/archive/2014/June/Pages/EmbracingMandatoryDisclosureCanSaveContractorsTime,TroubleandLegalFees.aspx
New Year’s Resolution: Refocusing on Compliance Efforts
The start of a new year is a perfect opportunity for government contractors to refocus and rejuvenate their compliance efforts. Regardless of whether a company is contractually required to have a compliance program, contractors should take time to determine the contractual obligations and risks they face now and in the year ahead. Is your company
C&M Lawyers Conduct Live Webinar on Business Ethics on Thursday, October 18
At 1:00 p.m. (Eastern) on October 18, 2012, Crowell & Moring attorneys Cathy Kunz, Richard Arnholt and Tiffany Wynn will conduct a webinar on behalf of L2 Federal Resources entitled “Business Ethics in Government Contracting: Legal Requirements & Best Practices for Compliance.” This 90-minute webinar will provide an overview of the requirements in FAR 52.203-13
Mandatory Display of Fraud Posters
On September 16, 2011, DoD issued a final rule that requires contractors to prominently display fraud hotline posters prepared by the DoD Office of the Inspector General. These posters must be displayed in common work areas within business segments performing work on DoD contracts. The current posters from the DoD IG can be found here
Proposal To Further Limit Executive Branch Employees’ Acceptance Of Gifts From Lobbyists
On September 13, 2011, the Office of Government Ethics proposed amendments to the regulation governing the acceptance of gifts by executive branch employees. The purpose of the amendments is to (a) implement the lobbyist gift ban already applicable, by Executive Order of the President, to most political appointees; and (b) impose limits on the use
DoD Ethics Update
On July 8 the Department of Defense Standards of Conduct Office (SOCO) issued an update to the Encyclopedia of Ethical Failures (EEF), its listing of violations of federal ethics law by government and contractor personnel. The encyclopedia, which is organized by type of violations, including conflicts of interest, misuse of Government equipment, violations of