...GSA Vernessa L. Minnifield Dr. Canuto Campos LEG 505 Abstract The company, Network Appliance Inc., also known as NetApp, paid the government $128 million to settle allegations it overcharged GSA customers for information technology products. The case alleged that NetApp did not give accurate information about discounts offered to commercial customers. Under federal rules, companies are required to disclose how much commercial customers pay to ensure that GSA can negotiate the lowest price for the government. This paper will provide an ethical analysis of the case, identify contributing factors, and recommend corrective actions for the issues addressed. The False Claims Act The False Claims Act is an important tool for U.S. taxpayers. It is used to recover monies stolen through fraud by government contractors. Under the False Claims Act, 31 U.S.C. §§ 3729-3733, those who knowingly submit, or cause another person to submit, false claims for payment of government funds are liable for three times the government’s damages plus civil penalties of $5,500 to $11,000 per false claim (TAF, 2011). The act imposes liability on any person who (1) submits a claim to the federal government that he or she knows is false, (2) knowingly submits a false record in order to obtain payment from the government, or (3) obtains money from the government to which he or she may not be entitled and then uses false statements in order to retain the money. In the case involving NetApp and GSA...
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...RUNNING HEAD: DRAFT REQUEST FOR PROPOSAL 1 Hanser T. Whitfield Strayer University Draft Request for Proposal Government Contract Law 505 Professor Pino May 5, 2013 RUNNING HEAD: DRAFT REQUEST FOR PROPOSAL 2 Apply the appropriate FAR clauses to meet compliance in contract formulation and award. In my position of Contracting Officer for the Department of Homeland Security (DHS), a determination has been made that an open bid for Security Guards is needed. The objective of this solicitation of Request for Proposal (RFP) is from, Federal Protective Services (FPS), to contract security guards that will provide security and law enforcement coverage to all Government Security Administration (GSA) owned and operated federal property. Security Guards employed under this contract responsibility include: federal access building control, employee and visitor identification checks, security equipment monitoring and roving patrols of the interior and exterior of federal property. (Congressional Research Service, 2009). The solicitation will require security guards at several GSA building and properties to protect homeland and manage risk to ensure the continuity of our national critical infrastructure, the nation’s federal facilities and their occupants. To ensure further protection of our building...
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...their views and experiences on a range of ethical issues surrounding construction industry activities. Most (90%) subscribed to a professional Code of Ethics and many (45%) had an Ethical Code of Conduct in their employing organisations, with the majority (84%) considering good ethical practice to be an important organisational goal. 93% of the respondents agreed that “Business Ethics” should be driven or governed by “Personal Ethics”, with 84% of respondents stating that a balance of both the requirements of the client and the impact on the public should be maintained. No respondents were aware of any cases of employers attempting to force their employees to initiate, or participate in, unethical conduct. Despite this, all the respondents had witnessed or experienced some degree of unethical conduct, in the form of unfair conduct (81%), negligence (67%), conflict of interest (48%), collusive tendering (44%), fraud (35%), confidentiality and...
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...instance; the organization was running a Ponzi plan intended to improve the top administrators and dupe stockholders” ("Deciphering Enron," 2002). “That, in any event, was the impression left by a singing examination of the organization's operations arranged by an uncommon panel of Enron's governing body”("Interpreting Enron," 2002). “There was a report that was made in February 2002 that expresses that the organization exchanges ''filled no obvious business need for Enron" ("Decoding Enron," 2002). With Enron going down there were a significant number of harmed gatherings that were additionally found napping from this embarrassment. The breakdown of an extremely solid organization harmed a few gatherings including their previous staff, government officials, banks, and stockholders. For the second from last quarter while the organization was still...
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...countries impact Shell's approach to operating ethically and with corporate social responsibility?’ In order to answer the question Business and Management tools and theory have been applied to Shell’s way of doing business, focusing on corrupt countries. The essay takes into consideration the causes of corruption or unethical behaviour, and links to what Shell could do, or have done, to prevent such behaviour. The information of this essay has come from the public domain as well as Shell’s internal policies such as their Code of Conduct, their General Business Principles and other websites listed in the bibliography. The way in which Shell is considered a business, which has a corporate social responsibility approach, was assessed by using external business tools such as SWOT analysis and Cause and Effect diagram. The analysis allow us to see that Shell is trying to minimise the level of corruption and unethical behaviours among Shell and its employees by adopting several policies, long term and short term business controls, and an organisation structure that adopts various checks-and-balances which helps Shell to decrease its level of corruption and unethical behaviour. Operating in corrupt countries is seen to require greater diligence in how the controls are implemented, and how safeguards are built in to the organization. Table of Contents Abstract...
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...This report is written in efforts to evaluate ethics of outsourcing and the dilemmas involved. | Ethics of Outsourcing Outsourcing has been the target of many positive as well as negative topics amongst many Americans. The United States economy has taken many hits and efforts to reduce costs have resulted in increased outsourcing in labor as well as service industries. The ongoing debate of whether outsourcing is unethical does not fall only in the act of outsourcing itself but also in the terms to which outsourced employees are treated. The question of whether mass layoffs are justifiable or ethical toward employees who are dedicated to corporations for so many years and whether resorting to illegal labor is ethical are also derivatives of outsourcing. We continue to ask ourselves if this form of cost reduction and its effects on the U.S. employees morally ethical? In these challenging economic times, there has been a large array of speculations towards the subject of outsourcing jobs to other offshore destinations. Outsourcing has been going on around the world for a large amount of time before now. Though it seems to be more of a negative topic of discussion during the fall of the American economy, it is important to realize the positive global impacts it has created. It is still considered a morally challenging topic, but there are both advantages and benefits that are being reaped around the world from outsourcing. Outsourcing has been a leading marketing tool for...
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...activities have brought much attention to Federal Government spending. The impact of fraud and the corruption caused by internal parties or external entities targeting government funds can be substantiated. For example, the Association of Certified Fraud Examiners (ACFE) in a 2012 Report to the Nations on Occupational Fraud and Abuse projected a global fraud loss of more than $3.5 trillion per year. Fraud and corruption is a common problem that is all over the world. The U.S. Nuclear Regulatory Commission (NRC, 2006) wrote in its “Fraud Awareness” handbook that fraud is an enormous problem that can waste valuable funding and other resources. Fraud is a potential problem that threatens the Federal Government mission of protecting the health and welfare of the American peoples. According to the Legal Information Institute (LII) at Cornell University Law School fraud precise legal definition varies in the area over which legal authority extends or the given power or authority that has exclusive jurisdiction to decide legal matters. LII defines fraud as “deliberately deceiving someone else with the intent of causing damage.” On December 2nd 2012 Special Agent Jason Muldrew of the Air Force Office of Special Investigations at Kunsan Air Base, Republic of Korea printed news story said, “Fraud is defined as the crime of obtaining money or other benefits by deliberate deception.” Fraudulent activities perpetrated against the Federal Government cost the American taxpayer millions of dollar...
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...Nike is a worldwide sports name in wear and equipment. So, why is Nike’s ethics in question? Has greed and publicity become their motto at any costs? Nike spends multimillion dollars a year hiring well-known athletes to advertise their products yet cannot seem to stay out of the media’s eye of their contracting or subcontracting techniques of their products to be built in third world countries. In 1996, Nike has been charged by critics with engaging in a variety of unethical employment practices in countries that exercise little or no control over the conditions of labor or whose governments are corrupt and can be bought off (De George, 2006, chap. 20). In dealing with business issues, a company needs to be aware (what are the issues), articulate (justify and express decisions), and application (reach a decision, train and explain ethics to employees). Ethical behavior has to start at the top of a company and work its way down. Here we will compare ethical perceptions across cultures about the ethical situation, discuss the ethical issues that became evident due to globalization, and discuss the risks and consequences associated with the Nike ethical dilemma. Compare Ethical Perceptions Across Cultures About the Ethical Situation Trevino and Nelson (2007) defines business best stating the “definition of ethics—the principles, norms, and standards of conduct governing an individual or group—focuses on conduct.” (p. 13). Business ethics vary in different parts of the world...
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...How HIPAA Violations Affect the Medical Billing Process Kathleen Davis HCR/220 7/22/2012 Lydia Cavieux HIPPA HIV and AIDS Keywords: HIV, AIDS, HIPPA One of the most sensitive of all disease is HIV and AIDS. These diseases keep many people from receiving treatment due to the fear of breach of confidentiality. This fear directly affects their health, because they do not receive the treatment they so desperately need. If any organization or doctor’s office breaches a patient confidentiality they could face civil or criminal penalties. HIPPA does not separate HIV/AIDS, but an individual is still protected under set guidelines. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) attempts to address some of the barriers to healthcare coverage and related job mobility impediments facing people with HIV as well as other vulnerable populations. HIPAA has three main goals. The first is to provide persons with group coverage new protections from discriminatory treatment. The second is to enable small groups (such as businesses with a small number of employees) to obtain and keep health insurance coverage more easily. The third is to give persons losing/leaving group coverage new options for obtaining individual coverage. This law provides several protections important to people with HIV/AIDS. The first is it limits (but does not wholly eliminate) the use of pre-existing condition exclusions. HIPPA also allows a patient to be aware of who will receive...
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...Global Business Ethics-Nike’s Sweatshops Ann T. Dale MGT/216 Global Business Ethics-Nike’s Sweatshops Nike is a worldwide sports name in wear and equipment. So, why is Nike’s ethics in question? Has greed and publicity become their motto at any costs? Nike spends multimillion dollars a year hiring well-known athletes to advertise their products yet cannot seem to stay out of the media’s eye of their contracting or subcontracting techniques of their products to be built in third world countries. In 1996, Nike has been charged by critics with engaging in a variety of unethical employment practices in countries that exercise little or no control over the conditions of labor or whose governments are corrupt and can be bought off (De George, 2006, chap. 20). In dealing with business issues, a company needs to be aware (what are the issues), articulate (justify and express decisions), and application (reach a decision, train and explain ethics to employees). Ethical behavior has to start at the top of a company and work its way down. Here we will compare ethical perceptions across cultures about the ethical situation, discuss the ethical issues that became evident due to globalization, and discuss the risks and consequences associated with the Nike ethical dilemma. Compare Ethical Perceptions Across Cultures About the Ethical Situation Trevino and Nelson (2007) defines business best stating the “definition of ethics—the principles, norms, and standards of conduct governing...
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...Corporate Governance Services Suggested Guidelines for Writing a Code of Ethics/Conduct Writing a Code of Ethics/Conduct Companies that follow both the letter and the spirit of the law by taking a “value-based” approach to ethics and compliance may have a distinct advantage in the marketplace. Give the average employee a legalistic “thou shall not….” code, and a negative response is almost guaranteed. Give employees a document that states clearly and concisely the company’s expectations, outlines acceptable behaviors, and presents viable options for asking questions and voicing concerns, and the likelihood is much greater that they will meet those expectations and exhibit the desired behaviors. Make the contents of the code equally applicable to everyone in the organization—at all levels—and you have a key ingredient for a code that becomes cultural, with all of the benefits. Code Basics There is no standard wording for a code of ethics/conduct. Each organization should develop one to suit the needs of its personnel in defining expected behaviors and in addressing the risks, challenges, and customs in the countries in which it operates, as well as to fit their specific industry and situation. However, there are some basic points to keep in mind when creating or modifying a code. • The code language should be simple, concise, and readily understood by all employees. • The code should not be legalistic—written as “thou shall not”— but rather state expected behaviors. •...
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...1. Comment on three unethical practices that china has been accused, do you think that these practices were necessary for china’s economic survival? China has been accused of various unethical practices in a host of industries. Overall, Chinese business ethics are built on the basis of "guanxi," a fundamental principle and practice underlying the whole of the Chinese social fabric. Guanxi places relationships and the moral obligations flowing from those relationships above other considerations, including written law. It not only is accepted in China, it is regarded as a moral obligation that people who have known each other for an extended period of time and have collaborated and helped each other are obligated to continue this relationship. Guanxi defines both how business is done in China at all levels and how the Chinese view ethics. Corruption and Bribery – In Transparency International’s (TI) Corruption Perception Index 2011, China is ranked 75th out of 185 countries. This has been a consistent score since 2008. The TI Global Corruption Barometer 2010/2011 found that 46% of the 1,000 Chinese respondents felt that the level of corruption in the Country had increased and just over a third considered the Government’s actions ineffective in combating corruption. When respondents were asked “To what extent do you perceive the following institutions in this country to be affected by corruption?”, business was seen as the most corrupt institution, closely followed by political...
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...Ethics in the Marketing of Medical Services STEPHEN R . LATHAM, J.D., PH.D. Abstract This paper deals with the ethics of marketing medical services by physicians, medical groups, hospitals and other mainstream medical caregivers in the United States. It does not deal with pharmaceutical marketing, since that raises a number of special issues, some of them legal and some having to do with the unique culture of pharmaceutical marketing, which really ought to be dealt with separately. Nor does it touch on the little-explored field of marketing alternative and complementary medicine. It begins with a general description of what is included in "the marketing process." It then briefly tours some of the difficulties faced by those who would market medical services ethically, and ends with some conunents on the relevance of professionalism to ethical marketing. Key Words: Professionalism, medical marketing, market competition, health care, product, placement, price, promotion, ethics. Marketing 101: The Four P's the idea of "marketing" with promotion and advertising. But in fact, "promotion" is only one of the famous "four P's of marketing" taught in most business schools. The first step in any marketing plan is to determine the nature of the Product (or service) one wishes to sell. Next, one determines its Placement, the distribution channels through which the product or service can best be made available to the consumer. Then, one attempts to determine the Price at which the...
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...some employees might not agree with the strategy implemented. This might even serve as a potential danger to the female staff.(Pain) * Guests * The Red Light package may provide some of the guests with a more convenient means to visit Red Light district who would like to engage in such activities. (Pleasure) * But this might lead to some guests contracting sexually transmitted diseases, should they not know how to protect themselves. (Pain) * But this might be a problem to the other guests who have no interest in such a service and could be doubted on their intentions to stay in such a hotel. Hence, loyal customers might avoid the hotel due to its new reputation. (Pain) * This is also not good for those guests who book as a family, especially those with young children. They may get unexpected exposure to such social problems too soon. Hence, families would not like to stay in such a hotel as well. (Pain) * The prostitutes * This gives them a better source of income, which is good for them in a sense since there is a larger base of customers now. (Pleasure) * Singapore Government * Should this package work out, it is pretty sure that the other hotels...
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...Since 1954 Australia has made numerous leglislitive amendments to the Migration Act 1958 (Cth) but it was not until 2012 that the Australian government introduced legislation allowing for the offshore processing of asylum seekers (Refugee Council of Australia, 2014). In contrast to Australia’s long debated offshore processing policies is the widely accepted and embraced practice of processing onshore being used in democratic nations such as the United States, United Kingdom, Denmark, Sweden, and all other countries accepting refugees. Australia is the only country in the world to mandate the strict enforcement of the detention of asylum-seekers (Sawer, Abjorensen, & Larkin,...
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