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Panel Discussion: Moderator Gregory A. Garrett, CPCM, C.P.M., PMP Chief Compliance Officer

Ethics & Compliance: Sarbanes – Oxley Act (SOX) & Beyond. Panel Discussion: Moderator Gregory A. Garrett, CPCM, C.P.M., PMP Chief Compliance Officer U.S. Federal Government Programs Lucent Technologies Tuesday, October 18, 2005. The World We Live In – Quiz (1 of 3)!. Question #1:

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Panel Discussion: Moderator Gregory A. Garrett, CPCM, C.P.M., PMP Chief Compliance Officer

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  1. Ethics & Compliance:Sarbanes – Oxley Act (SOX) &Beyond... Panel Discussion: Moderator Gregory A. Garrett, CPCM, C.P.M., PMPChief Compliance Officer U.S. Federal Government ProgramsLucent Technologies Tuesday, October 18, 2005 NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  2. The World We Live In – Quiz (1 of 3)! Question #1: Who is the No. 1 private employer in the United States? Answer: Manpower Inc., the temporary work mega-agency Source: Talent, by Tom Peters, published by DK, New York, 2005 NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  3. The World We Live In – Quiz (2 of 3)! Question #2: How many Americans are freelance or independent private contractors? Answer: Approximately 25 Million Americans are freelancers or independent private contractors. *Plus, there are an additional 3 Million temporary workers, including: lawyers, engineers, project managers, and CEOs. Source: Talent, by Tom Peters, published by DK, New York, 2005 NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  4. The World We Live In – Quiz (3 of 3)! Question #3: What is the difference between ethics and compliance? Answer: That is what we are here to discuss. So, Let’s Talk! NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  5. The World We Live In – Compliance, Ethics, & Risk Management • Industry operates in a global climate of: numerous large corporate scandals, increased Government regulations, and increased regulatory oversight. • Best-In-Class organizations have a reputation for high integrity, high ethical standards, and compliance with all appropriate laws, regulations, and related organizational policies. • Ethics & Compliance are a must! NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  6. The Price of Regulatory Governance IACCM2005SurveyResults • Sarbanes – Oxley Act has added about 10% to the workload of the average commercial contracts professional in the United States • 80% of IACCM U.S. members report a moderate to significant increase in the complexity of their work due to increased regulatory governance • 60% struggle to explain and defend the Sarbanes - Oxley Act requirements to their overseas customers and suppliers • 40% of the people surveyed report an increase in the cycle time to prepare and negotiate contracts • 25% of the people surveyed highlight greater confrontation between the parties. Source: International Association of Commercial and Contract Managers (IACCM), April 2005. (See www.iaccm.com) NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  7. Industry Most Common Challenges Source: Compliance Week (May 2005) NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  8. Sample Ethics Program Metrics Adapted from: Article “Enhancing Your Ethics Program” by Jay Billings, NCMA Contract Management Magazine, June 2005, pg. 12. NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  9. The World We Live In – Food for Thought Checklist • Most people are fundamentally honest and decent, who want to do the right things for the right reasons – But, they need education, training, and support! • There are always pressures on people and organizations to produce results which sometimes cause people to do the wrong things! • The Days of Fast and Loose are Over! • There is never a scenario where an individual or an organization should agree to “Win at any cost!” • Never sacrifice long term reputation, prosperity, and growth for short-term gain! NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  10. Ethics & Compliance: Sarbanes Oxley Act & Beyond! Breakout Session # Conrad Brooks McKenna Long & Aldridge LLP October 18, 2005 9:30 – 10:30 am NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  11. Sarbanes-Oxley • Good first step • Changed landscape NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  12. Compliance Comes at a Cost • Financial • “Check-the-box” mentality NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  13. Is Legislation the Answer? • Provides context for basis of operations • Not the end of the matter NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  14. Legislation and Policies Can’t Force Ethical Behavior NCMA Aerospace & Defense Contracting Conference Understanding and Preparing for a Changing Business Environment

  15. Why Good People Do Bad Things Competing Priorities Careerism Lack of Awareness Best Outcome? Decision Process The Challenge Peer Pressure Others Time / Cost Constraints NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  16. Unethical Behavior Early Warning Signs • “Everybody does it.” • “Well, maybe just this once…” • “No one will get hurt.” • “No one will notice the difference.” • “I don’t care how, just get it done.” • “We didn’t have this conversation.” NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  17. Challenge for Companies • How to communicate and integrate appropriate ethical values into the corporate culture? NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  18. Ethics Start at the Top • Ethics is a priority for the company • Emphasis on ethical behavior • Leadership • “Moral courage” from all individuals within the organization NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

  19. Ethics & Compliance: Sarbanes Oxley Act (SOX) & Beyond! Breakout Session # Anthony W. Miller Executive Vice President, OperationsLRN Inc. October 18, 2005 9:30 – 10:30 am NCMA 5th Annual Commercial Contract Management Conference Make the Connection: Your Customers, Suppliers, and Partners

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