Key Takeaways

  • FAR compliance is required for contractors doing business with the U.S. federal government and includes standards related to ethics, reporting, and internal controls.
  • Certain FAR clauses are mandatory in contracts over $5 million or those exceeding 120 days.
  • Contractors must implement systems for training, auditing, and reporting misconduct, especially under FAR Subpart 3.10.
  • Risks of non-compliance include suspension, fines, debarment, or criminal charges.
  • Regular assessments, mock audits, and automated compliance tools can help maintain FAR compliance.

Far compliance policies stand for the Federal Acquisition Regulation (or FAR), which serves as the guidebook government contractors use. It outlines the regulations, rules, and processes that need to be followed by contractors throughout contract formation, contract administration processes, and the acquisition planning phase when the government is acquiring services and goods. It's easy to overlook the FAR as many of the rules are about the finance departments and contracts within an organization. One part of the FAR that's related to the Human Resource department is the Contractor Code of Business Ethics and Conduct.

FAR Compliance: Code of Business Ethics and Conduct

According to the FAR, all contracts must keep up business practices that have the highest level of honesty and integrity, and it's mandatory that they have a written code of business conduct and ethics. The FAR suggests an internal control system and training program that's related to the code of business ethics and conduct that should do the following:

  • Be appropriate for the size of the involvement in government contracting and the organization's size
  • Allow disclosure that's timely for improper conduct to the client
  • Make sure that corrective measures are followed and in place when needed.

Government contracts that go over $5,000,000 within 120 days have more defined guidelines on the language that should be used in the contracts. Once that language is in the contract, it's up to the organization to make sure the terms and conditions are carried out. It's smart to have an ethics officer to look over the ethics program in the organization and make sure all of these requirements get met on a thorough and consistent basis. Ideally, the ethics officer is someone who's a senior member of the organization and isn't directly tied to the contracts administration.

It can be overwhelming to read the FAR, but it's essential to make sure the government contracting organization is compliant. Before enforcing the code of business ethics and conduct that's compliant with FAR, make sure to read all the language around the requirements so you fully understand what's required to establish and maintain as a contractor of the government. The rules don't enforce requirements that are mandatory for small business contracts, contracts done outside the United States, or commercial item contracts. However, the new business ethics policy serves as guidance for all government contractors.

Understanding FAR Subpart 3.10 Requirements

FAR Subpart 3.10 outlines mandatory contractor responsibilities related to business ethics and compliance programs. Contractors with contracts over $5 million and a performance period of 120 days or more must implement:

  • A written code of business ethics and conduct
  • An employee compliance training program
  • An internal control system designed to:
    • Detect and prevent improper conduct
    • Facilitate timely disclosure of violations to the government
    • Ensure corrective actions are implemented effectively

Contractors must also disclose credible evidence of violations of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations under Title 18 of the U.S. Code, or violations of the civil False Claims Act.

Compliance Checklist for Federal Contractors

Although they're not often thought of in this way, government contractors are the sector of the economy that is the most heavily regulated. Any company that wants to work continuously in this field should know there are dozens of statutes that control its behavior. It's smart for companies in this area to take formal compliance training to make sure they're on the correct side of the law. They should also maintain and update reports, codes, and logs.

Many times they'll need to publish not only the Codes of Conduct and Business Ethics and Disclosure Policies, but educate their employees when it comes to compliance. This means they should positively engage all employees in matters of compliance and report potential problems or suspected misconduct. The context of the rules needs to be complied with in order to comply. A helpful starting point is the FAR, which applies to the contracting community and the government itself. It sets the rules for the acquisition process that executive agencies in the federal government acquire services and goods with appropriated funds.

There are three phases in the process, which include acquisition planning and need recognition, contract administration, and contract formation. The government uses an acquisition system to make sure they satisfy their customers' needs when it comes to quality, timeliness, and cost. They also reduce administrative operating costs and allow the government to perform business with fairness, openness, and integrity. The government contractor should recognize that the agency is using the FAR and respond in ways that are recognized by the FAR to the agency.

The other type of knowledge for government contractors is related to criminal regulations and laws that go into being a contractor. They relate to corruption, espionage, and fraud, and many are found in the Defense Federal Acquisition Regulation Supplement.

Key Risk Areas in FAR Compliance

Government contractors must be vigilant in several high-risk areas to avoid non-compliance, including:

  • Timekeeping and Labor Charging: Inaccurate labor cost allocation can trigger audits and penalties.
  • Procurement and Subcontracting: Failing to follow approved purchasing systems or flow-down clauses can lead to contract violations.
  • Accounting Systems: Inadequate accounting systems that don't meet DCAA (Defense Contract Audit Agency) standards may result in disallowed costs.
  • Cost Allowability and Allocability: Charging unallowable costs or misallocating shared costs can result in financial penalties or loss of contract.
  • False Claims Act Violations: Misrepresenting performance or inflating billing can trigger whistleblower actions or DOJ investigations.

Enforcement and Penalties for Non-Compliance

Failure to maintain FAR compliance can lead to severe consequences, including:

  • Suspension or debarment from future government contracting
  • Termination of existing contracts
  • Civil or criminal penalties
  • Reputational damage and loss of client trust

The Department of Justice (DOJ), Office of Inspector General (OIG), and other agencies actively enforce FAR compliance. Proactive internal audits and legal counsel reviews can reduce enforcement risks.

Tools and Best Practices for Maintaining FAR Compliance

To streamline FAR compliance, contractors should consider implementing:

  • Compliance Management Systems: Tools that track training, certifications, disclosures, and internal audits
  • Automated Monitoring: Use software to flag potential violations in procurement, invoicing, and cost allocation
  • Mock DCAA Audits: Simulated audits that identify weaknesses in internal controls before a real audit occurs
  • Training Programs: Ongoing employee education tailored to job functions and FAR obligations
  • Third-Party Assessments: External reviews of compliance systems for objectivity and legal defensibility

Documenting every step in the compliance process is essential to demonstrate due diligence in case of a government inquiry.

Frequently Asked Questions

  1. What is FAR compliance and why is it important?
    FAR compliance ensures that government contractors follow rules in the Federal Acquisition Regulation to maintain ethical practices, accurate reporting, and legal performance under federal contracts.
  2. What contracts require a formal ethics and compliance program under FAR?
    Contracts over $5 million with performance periods exceeding 120 days require a written ethics code, employee training, and internal controls per FAR Subpart 3.10.
  3. What happens if a contractor is not FAR compliant?
    Non-compliance can result in fines, contract termination, debarment, or criminal penalties, depending on the severity of the violation.
  4. Are small businesses exempt from FAR compliance rules?
    While small businesses are exempt from some formal requirements (like the Subpart 3.10 program threshold), they are still expected to uphold ethical standards and comply with applicable FAR clauses.
  5. How can contractors stay up to date with FAR requirements?
    Contractors should subscribe to updates from the Federal Register, use compliance software, attend training programs, and consult legal professionals experienced in federal contracting.

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