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Unfortunately, it is also our experience that contractors that minimize investment in E&amp;C often suffer the consequences of a compliance or ethics event and the resulting crisis. These events can be costly to resolve, distract attention from the mission, drain resources and negatively impact the organization’s reputation. Often, though, these events could have been prevented with a far less significant investment prior to the crisis. Moreover, contractors that have invested in ethics and compliance fare much better when and if an event ultimately occurs.

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Our experienced government contracts lawyers are knowledgeable about the required components of effective values-based E&amp;C programs and similarly understand the best practices in E&amp;C among government contractors of all sizes. Our team is skilled at scaling these best practices to meet the pragmatic business needs of our clients, including small contractors, medium-sized contractors and large publicly traded contractors. And our work product has received praise from government officials who have evaluated our clients’ programs. Our team includes a former government insider who was responsible for evaluating the E&amp;C programs of government contractors for the United States Department of the Air Force&nbsp;(DAF). With this deep knowledge and experience, our team is highly skilled in helping clients implement new programs and enhance existing programs by conducting gap analyses and other evaluations.

We model our recommendations for E&amp;C programs on FAR 52.203-13, Contractor Code of Business Ethics &amp; Conduct, which describes the required components of a values-based E&amp;C program for government contractors, and on the Federal Sentencing Guidelines for Organizations, Chapter 8, which provides guidance on what it means to possess an “effective” program. Because we have deep experience representing contractors in crisis events, including civil False Claims Act matters, debarment matters and criminal proceedings, we can offer our clients insight into the significant E&amp;C risks they face and provide guidance on how best to prevent these events from occurring.

The following components should be considered in building and/or enhancing an E&amp;C program:

Core values and a code of business ethics and conduct.

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Government contracting compliance policy and supplemental compliance policies.

Independently administered ethics helpline allowing for anonymous reporting.

Charter setting forth the role and responsibilities of the E&amp;C officer.

Disclosure policy to ensure compliance with mandatory disclosure rule.

Periodic compliance audits and monitoring.

Ethics and Compliance Programs for Government Contractors

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