The Eyak Corporation & Subsidiaries’ Ethics Training 2014 1.

The Eyak Corporation & Subsidiaries’Ethics Training

2014

1

Overview

• The Code of Ethics (Code) is a guide for an ethical culture

• The Eyak Corporation (Eyak) Ethics Officers and Corporate Counsel– Senior Ethics Officer – Mark Truog– Field Ethics Officer – John Spear– Corporate Counsel – Brennan Cain

• Ethics Hotline: 1-855-230-8382

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Overview

• CEO Message• Personal Conduct• U.S. Government Contracting• General Business Principles• Review and Closing Remarks

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Overview

• Ethics & Compliance Contact Information

– You should consult with an Eyak Ethics Officer or Corporate Counsel if you have questions about the Code of Ethics.

– The following slides also contain cross-references to the relevant section of the Code of Ethics (i.e., Stds. §__) for further inquiry and review.

– Compliance with the Code of Ethics is essential to our continued success. Report any violations or suspected violations to an Eyak Ethics Officer, Corporate Counsel or the Ethics Hotline.

Hotline #: 1-855-230-8382

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CEO MessageRod Worl

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Personal Conduct

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Personal Conduct

• Conflicts of Interest: Personal Conflicts (Stds. § II.A.1)– A conflict of interest exists when an employee’s private interest interferes with or is

contrary to the interests of Eyak.

– All of Eyak’s business transactions and relationships must be free from even the appearance of impropriety. Example: Company Picnic Vendor

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Personal Conduct

• Confidentiality and Non-Disclosure (Stds. § II.A.2)– Confidential Information can be broadly interpreted as:

• Information others could find useful in competing or negotiating with Eyak;

• Information that could compromise Eyak’s standing in the business community;

• Third-party information others could use to their advantage.

• Employees should be conscious of inadvertently disclosing confidential information in social settings with both work and non-work associates.

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Personal Conduct

• Organizational Conflicts of Interest (“OCIs”) (Stds. § II.B.15)– Eyak must be attentive to such conflicts which may result from prior Government services

work performed by the company or a potential employee’s current government employment. Example: Eyak, as part of its performance on a government contract, was responsible for writing

the statement of work or specifications for another government contract. Eyak could have an unfair competitive advantage.

• Any employee aware of a situation that creates, could create or gives the appearance of a Conflict of Interest should report this to an Eyak Ethics Officer, Corporate Counsel or the Ethics Hotline immediately.

Hotline #: 1-855-230-8382

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Personal Conduct

• Equal Employment & Freedom from Harassment – (Stds. § II.A.7)

– Diversity is a valuable asset to Eyak.

– Eyak will not tolerate any form of workplace harassment or unlawful discrimination of any kind in the workplace.• Do NOT make or tolerate inappropriate jokes about an individual’s race, color, sex, religion,

etc…

– Report any inappropriate behavior immediately to your supervisor, Human Resources, an Eyak Ethics Officer or Corporate Counsel.

• You can always report to the Ethics hotline at 1-855-230-8382

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Personal Conduct

• Workplace Safety – (Stds. § II.A.8)

– Zero tolerance to violence or threatening conduct.

– Drug and Alcohol Use• Zero tolerance for illegal drug use in the workplace or during the work day• Alcohol use on company premises is prohibited and discouraged during business hours.

– Security Access Items• Employees are responsible for securely managing all access items such as ID badges and

access codes. • Do not share with unauthorized individuals!

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U.S. Government Contracting


• Overview: Compliance in the Federal Government Marketplace

– Heavily regulated. Many laws and regulations govern and/or restrict certain types of conduct that may otherwise be permissible in the commercial context.

– The Federal Acquisition Regulation (FAR) govern all acquisition and contracting procedures with the Federal government. (Stds. § II.B.1) – The FAR can be found online at websites such as: http://www.acquisition.gov/

– Employees at all levels should be familiar with the regulations and laws applicable to their particular job responsibilities. – Consult with your supervisor, Corporate Counsel or an Eyak Ethics Officer if you have questions.

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http://www.acquisition.gov/

http://www.acquisition.gov/


• Anti-Kickback Act (Stds. § II.B.11) – Prohibits Eyak from offering, soliciting, providing or accepting anything of value for the

purpose of obtaining, or rewarding favorable treatment in connection with the award of a U.S. Government prime contract or subcontract.

– Examples of what could be considered a violation of the Act are: money, meals, beverages, trips, lodging, tickets to sporting events or personal services.

• Foreign Corrupt Practices Act (Stds. § II.B.12) – Prohibits U.S. companies conducting business with foreign government entities from giving

or offering to give anything of value to any foreign officials for the purpose of influencing their decision or in order to obtain or retain business.

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• Improper Payments/Bribery (Stds. § II.B.12) – It is illegal for Eyak to, directly or indirectly, offer, solicit, make or provide any kind of

payments, favors or contributions for purposes such as:• Obtaining, giving or keeping business;• Influencing customers, suppliers or U.S. or foreign government entities, including their officials or

employees;• Influencing legislation or regulations other than through appropriate lobbying and political

avenues.

– Penalties are severe and include both civil and criminal sanctions. Report any concerns immediately to :

– An Eyak Ethics Officer– Corporate Counsel– Your supervisor– ETHICS HOTLINE: 1-855-230-8382

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• Gifts involving Government Officials (Stds. § II.B.9)– It is a federal crime to give gifts or gratuities to a public official in order to gain

business or influence their decision regardless of whether it is reimbursed by Eyak• Government Officials are prohibited from soliciting or accepting such gifts.

– No Eyak employee shall give, accept, offer or discuss offering a business courtesy, regardless of value, to any employee or representative of the U.S. Government without written approval from Eyak’s CEO, an Eyak Ethics Officer or Corporate Counsel.

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• Truth in Negotiations Act (TINA) (Stds. § II.B.4)– TINA generally requires that all cost and pricing data related to a government solicitation

be current, accurate and complete at the time of preparation.

– TINA allows the Government to audit a contractor for three years after final payment to evaluate accuracy, completeness, and currency of pricing data.

– SEEK GUIDANCE - Potential civil and criminal liability may follow if the data is found to be inaccurate, incomplete, or out of date.

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• False Statement Act (Stds. § II.A.9)– Prohibits knowingly and willfully making a false statement concerning a matter within the

jurisdiction of any department or agency of the U.S.– The prohibition extends to both oral and written statements (sworn or unsworn), forms,

certifications, invoices, letters, time cards, receipts and quotes.

• False Claims Act (Stds. § II.A.9)– It is a crime to knowingly assert a false claim against the Government.

– A claim is a written demand or assertion seeking payment arising under or relating to a Government contract.

• Need not be directly presented to government to be in violation– Subcontractor invoices to Prime contractor for example

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• Employment of Former Military or Federal Employees (Stds. § II.B.8) – Restrictions exist on employment of former Military or Federal employees.

Example: One year ban imposed for hiring certain former agency officials involved in procurement in excess of $10 million.

– Prior to employment of any former Federal or Military employee, that employee must obtain a written advisory opinion from the Designated Agency Ethics Official that acceptance of the employment offer will not violate any ethics or conflict of interest statute, rule, regulation, or executive order.

– Please consult with an Eyak Ethics Officer or Corporate Counsel prior to hiring or discussing employment with former Military or Federal employees.

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• Government Audits and Investigations (Stds. § II.A.11)– Eyak is committed to full cooperation with Government agencies

– Obstruction of justice or interfering with a Government investigation will not be tolerated

– Eyak employees should always obtain legal advice prior to responding to a Government investigation. You have this absolute right.

• Eyak employees should notify an Eyak Ethics Officer or Corporate Counsel of all investigations immediately.

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General Business Principles

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• Gifts involving non-Government officials (Stds. § II.A.6) – Eyak employees should not give or accept any gift or entertainment in relation to its

commercial business partners unless:• It does not violate any laws or regulations (such as the Anti-Kickback Act);• It’s consistent with customary business practices;• Is not a cash gift or excessive, lavish or extravagant in value;• It cannot be construed as a bribe or payoff;• Is infrequent in nature.

– Modest gifts received by an Eyak employee should be made available for company use. Example: Gift baskets

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• Gifts involving non-Government officials (continued) – In the case of business meals, the employee should use common sense and good

judgment.– Gift or entertainment with a market value greater than $100 is considered lavish or

extravagant and should be respectfully declined by the employee Examples: paid vacations, fishing trips, golf clubs or jewelry

– If unsure, discuss with your supervisor, an Eyak Ethics Officer or Corporate Counsel.

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• Recordkeeping and Retention (Stds. § II.A.9)– False or artificial entries could lead to a false claim or statement, which is a criminal act

and will not be tolerated by Eyak.• No Eyak employee should misrepresent facts or falsify records.

– Eyak provides professional services on many contracts and must ensure all time charged is accurate and related to the appropriate contract. – TIMESHEETS MUST BE ACCURATE

– Transactions between Eyak and outside individuals must be promptly and accurately entered in Eyak’s books in accordance with Generally Accepted Accounting Principles.

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• Lobbying/Political Activity (Stds. § II.A.12) – Federal and state laws strictly regulate corporate political activity. For this reason, all

political activity by Eyak is examined to ensure it is consistent with the law, Eyak’s values and business objectives.

– Eyak encourages employees to be politically active on their own time and at their own expense.

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• Vendors and Subcontractors (Stds. § II.A.13) – The U.S. Government publishes an Excluded Parties List System (EPLS) of persons and

companies that are suspended or debarred from performing government contracts.• www.sam.gov - Search Records to find EPLS

– Eyak does not do business with persons or companies suspended or debarred from performing government contracts.

– Eyak is committed to partnering with entities and persons with high ethical standards.

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http://www.sam.gov/


• Antitrust/Bid Rigging (Stds. § II.B.14) – The antitrust laws are designed to ensure fair competition and to preserve the free enterprise

system. – Verbal commitment to anti-competitive action could be considered a violation of anti-trust laws.– Even the appearance of action in violation of these laws should be avoided

– Ask an Eyak Ethics Officer or Corporate Counsel if unsure.

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• Employee Reporting Responsibility (Stds. § II.B.16) – Each employee has an individual responsibility for understanding and complying with the

Code of Ethics.

– Non-Retaliation and Whistleblower Protections• Violation of the Code of Ethics to retaliate or impose any form of retribution on any employee

who reports a violation or suspected violation in good faith.

• Federal “whistleblower” statutes also protect against retaliation.

–Hotline #: 1-855-230-8382

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Review and Closing Remarks

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• Reporting Hotlines (Stds. § III.E) – An anonymous Hotline number has been established by Eyak for individuals not

comfortable reporting violations to an Eyak Ethics Officer or Corporate Counsel.• Hotline number is 1-855-230-8382

– Department of Defense Hotline number is 1-800-424-9098

– Reports of violations or suspected violations will be handled in confidence.

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• Disciplinary Procedures (Stds. § III.G) – Eyak may conduct periodic unannounced internal compliance audits. Cooperation is

expected and required.

– Failure to comply with The Code of Ethics may subject an employee to disciplinary action, including sanctions ranging from a warning to termination, referral for criminal prosecution, and reimbursement to Eyak for any losses or damages resulting from the violation.

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Reminders – Action items

• Employee To Do List

– Read the full Code of Ethics which has been provided to you via email.– Complete the Ethics quiz on PAGE 23 in the Code – also on the next slide– Sign and date the certification form on PAGE 24 of the Code of Ethics and return it,

along with the completed Ethics quiz, to Mark Truog or John Spear by Friday, November 28th.• Email PDF to [email protected] or [email protected]• Fax to (907) 334-6973, Attention: Mark Truog

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mailto:[email protected]

mailto:[email protected]

2014 Ethics Quiz1. True or False: Any item or service of value being provided for the purpose of

obtaining or awarding favorable treatment in connection with a Government contract may be considered a violation of the Anti-Kickback Act.

2. A __________ exists when a person’s private interest interferes with or is contrary to the interests of Eyak.

3. True or False: It is a violation of the Code of Ethics to retaliate against an employee for making a complaint of a violation or suspected violation in good faith.

4. Any false or artificial entry to Eyak’s records could result in a violation of:a) False Claims Actb) False Statement Actc) Both a) and b)d) None of the above

5. Employees of The Eyak Corporation should report all violations or suspected violations to either:

a) An Eyak Ethics Officerb) The Ethics Hotlinec) Corporate Counseld) Any of the above

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Questions?

• Senior Ethics Officer – Mark Truog– Phone: (907) 334-6971– Email: [email protected]

• Field Ethics Officer – John Spear– Phone: (703) 880-5339– Email: [email protected]

• Corporate Counsel – Brennan Cain– Phone: (907) 334-6971– Email: [email protected]

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Thank You

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The Eyak Corporation & Subsidiaries’ Ethics Training 2014 1.

Documents

Transcript of The Eyak Corporation & Subsidiaries’ Ethics Training 2014 1.