Many government contractors are required by their contracts to have a code of business ethics and implement a compliance program and internal control system. The Federal Acquisition Regulation, at FAR 52.203-13, identifies the expected elements to be included in the code, compliance program, and internal control system. If a contractor is subject to this FAR clause, it is not sufficient to use compliance materials developed for commercial business. Instead, contractors must be aware of and comply with the specific requirements set forth in this clause. Failing to do so could result in a breach of contract allegation or possible suspension or debarment. In addition to a code of business ethics, compliance program and internal control system, the clause also requires contractors to make disclosures to the government when they have credible evidence of certain civil and criminal violations. Determining when to make a mandatory disclosure can be tricky but failure to comply with the rule can put the contractor in an unfavorable position with the government. Moreover, it is critical to be aware that while not every contract contains FAR 52.203-13, similar disclosure obligations are found in the suspension and debarment regulations, which apply to all government contractors and subcontractors, regardless of contract value.
This 90-minute webinar will provide an overview of the requirements outlined in FAR 52.203-13 for a code of business ethics, business ethics awareness and compliance program and internal control system. It will also review the key requirements associated with the mandatory disclosure rule and will address the relationship between the disclosure requirement in FAR 52.203-13 and the disclosure expectations in the suspension and debarment regulations in FAR Part 9. The webinar will also address the consequences of failing to comply with all aspects of the compliance and disclosure obligations placed on contractors. Then the speakers will provide an in-depth review of best practices, as learned through experience by government contractors and as specified by the government, for complying with FAR 52.203-13 and the mandatory disclosure obligations.
- Become familiar with the specific requirements for a code of business ethics, compliance program, and internal control system as required by FAR 52.203-13.
- Become familiar with the specific requirements for mandatory disclosures to the government as required by FAR 52.230-13 and by FAR Part 9, and understand the differences between the requirements and to which contractors they apply.
- Understand the risks and possible repercussions of noncompliance with both the compliance requirements and the disclosure obligations.
- Learn what the government expects from contractors’ compliance programs and disclosures.
- Gain insight from other contractors’ experiences and learn best practices for both the compliance and disclosure obligations to ensure successful compliance with each.
- Increase your knowledge of contractors’ compliance and disclosure obligations so you can successfully prepare your company to meet both obligations.
Meet Your Presenter
J. Catherine Kunz is partner in the Washington, DC law office of Crowell & Moring LLP and a member of the firm’s Government Contracts group. Her practice involves both counseling and litigating on behalf of clients in a range of government contract law areas, including procurement ethics, compliance programs, contract administration, GSA Schedule contracting, contract claims and disputes, fraud and abuse, cost accounting issues, and purchasing and subcontracting. She represents clients in qui tam actions under the False Claims Act and in bid protests, and also has experience counseling clients on federal grants administration and audit matters. She graduated from Duke University School of Law, where she served as Editor in Chief of the Alaska Law Review and Editor of the Duke Environmental Law Journal, and she received her B.A. with honors and distinction in Human Biology from Stanford University.
Richard Arnholt is counsel in the Washington, DC law office of Crowell & Moring LLP. His practice involves bid protests, qui tam actions, contract claims, congressional and criminal investigations, and providing regulatory advice. His recent work includes litigating bid protests before the Government Accountability Office and the Court of Federal Claims, False Claims Act work at the trial and appellate level, providing training to clients regarding U.S. government contracts law, advising clients on a range of government contracts compliance issues, including the Berry Amendment and Trade Agreements Act, and assisting major defense companies in responding to congressional inquiries. He also regularly counsels clients on suspension and debarment matters at the federal and state levels, including appearing before government debarring officials. Prior to joining Crowell & Moring, Richard clerked for one year with the Honorable Mary Ellen Coster Williams, United States Court of Federal Claims, and worked with the government contracts group at another top law firm. He is an active member of the ABA’s Section of Public Contract Law, and currently co-chairs two committees.
Tiffany Wynn is an associate in the Washington, DC law office of Crowell & Moring LLP. Her practice covers a variety of matters, from counseling clients on regulatory compliance, to False Claims Act (FCA) litigation and Foreign Corrupt Practices Act (FCPA) investigations. She is also an active participant in Crowell & Moring’s pro bono program. Tiffany received her J.D. from the Georgetown University Law Center, where she participated in the Institute for Public Representation, successfully representing victims of employment discrimination. She received her undergraduate degree from Duke University in 2006, where she was a founding member of The Girls’ Club—a mentoring program for adolescent girls in the Durham community.
Who Will Benefit
This webinar is a must if you’re a contractor, subcontractor, supplier, attorney, government procurement official or other party, including non-profits, that work on federal government projects. This will be a critical issue with the expanded federal funds being spent under proposed jobs and stimulus plans. Get ahead of the curve — register your team today!
Continuing Legal Education (CLE) Credits
CLE requirements vary by state. If you would like to receive CLE credits for this webinar please contact customer service at (202) 238-9597.
Policy on Refunds and Cancellations
Your satisfaction with this training program is guaranteed. If you encounter difficulties prior to or during a course, please contact customer service at (202) 238-9596. If you are dissatisfied with a course for any reason, you may receive credit toward a future course or a full refund. In the event that this course is cancelled, participants are notified immediately via email and offered a full refund. If the course is rescheduled, participants have a choice of a full refund or having their registration transferred to the new date.