Conflicts of Interest and Confidentiality

Conflicts of Interest

Cadence OneFive expects all employees to conduct themselves and company business in a manner that reflects the highest standards of ethical conduct and in accordance with all federal, state, and local laws and regulations. This includes avoiding real and potential conflicts of interests.

Federal Contract Requirements

This policy also constitutes Cadence OneFive’s written standards of conduct governing the performance of employees, officers and agents engaged in the selection, award, and administration of contracts supported by federal funds. All employees, officers and agents with real or apparent conflicts of interest are prohibited from participating in federal contract pursuit, negotiation, or execution of activities supported by federal funds.

Gift Restrictions

Employees shall not solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts, except where outlined in the Gift Policy.

Organizational Relationships

For relationships with parent organizations, affiliates, or subsidiaries (excluding state, local government, or Indian tribes), Cadence OneFive will:

  1. Maintain written standards covering organizational conflicts where relationships may result in:
    a. Impaired objectivity in performing federally funded work
    b. Unfair competitive advantage
    c. Biased federal contract opportunities and teaming arrangements
  2. Require:
    a. Disclosure of business transactions
    b. Recusal from related decisions
    c. Documentation of communications
    d. Independent review of contract opportunities and teaming arrangements
    e. Conflict firewalls
    f. Regular transaction audits
  3. Prohibit:
    a. Preferential treatment in partner selection or federal contract opportunities and teaming arrangements
    b. Sharing non-public procurement information
    c. Using insider information

Reporting Requirements

  1. Internal Reporting Timeframes:
    a. Immediate: Fraud, criminal activity, active conflicts
    b. 24-48 Hours: Ethical violations, potential conflicts
    c. 5 Business Days: Suspected violations, minor infractions
  2. Federal Agency Notification:
    a. Written disclosure required within 10 business days of internal reporting
    b. Documentation maintained for three years

Violations and Enforcement

  1. Violations of these requirements will result in:
    a. Disciplinary action up to and including termination
    b. Removal from federal contract activities
    c. Required corrective action
    d. Potential legal consequences
  2. All reports will be investigated and documented to ensure:
    a. Compliance with federal requirements
    b. Approporiate corrective actions
    c. Prevention of future violations

Definitions and Examples

Exactly what constitutes a conflict of interest or an unethical business practice is both a moral and a legal question. Cadence OneFive recognizes and respects the individual employee’s right to engage in activities outside of employment that are private in nature and do not in any way conflict with or reflect poorly on the company.

It is not possible to define all the circumstances and relationships that might create a conflict of interest. The list below suggests some of the types of activities that indicate some of the types of activities that indicate improper behavior, unacceptable personal integrity, or unacceptable ethics:

1. Simultaneous employment by another firm that is a competitor of or supplier to Cadence OneFive;

2. Carrying on company business with a firm in which the employee, or a close relative of the employee, has a substantial ownership or interest;

3. Holding a substantial interest in, or participating in the management of, a firm to which the company makes sales or from which it makes purchases;

4. Borrowing money from customers or firms, other than recognized loan institutions, from which our company buys services, materials, equipment, or supplies;

5. Accepting substantial gifts or excessive entertainment from an outside organization or agency (see gift policy for additional details);

6. Speculating or dealing in materials, equipment, supplies, services, or property purchased by the company;

7. Participating in civic or professional organization activities in a manner that divulges confidential company information;

8. Misusing privileged information or revealing confidential data to outsiders;

9. Using one’s position in the company or knowledge of its affairs for personal gains; and

  1. Engaging in practices or procedures that violate antitrust laws, commercial bribery laws, copyright laws, discrimination laws, campaign contribution laws, or other laws regulating the conduct of company business.

Gift Policy

General Gift Restrictions

Soliciting or accepting excessive gratuities, favors, entertainment or anything of monetary value (cash or cash equivalents) from an outside organization, federal agencies, prime contractors or potential teaming partners is prohibited outside of acceptable limits.

Value Thresholds

Acceptable limits include items below $25 for individual items, $50 annual aggregate from a single source or $100 annual aggregate total from all sources.

Acceptable Conditions

The gift value may be accepted if the following conditions are met:

  1. Widely available discounts or promotions offered to all employees or the general public,
  2. Items of minimal value like pens, calendars, or other promotional materials under $10-20
  3. Modest refreshments (coffee, light snacks) at business meetings
  4. Business meals where: a. The value is reasonable for the locale
    b. There is a legitimate business purpose
    c. The contractor’s representative is present
  5. Conference/even materials and meals that are: a. Provided to all attendees
    b. Part of the registration/attendance fee
  6. Awards/prizes from random drawings open to the public
  7. Perishable items (fruit baskets, holiday cookies) that are: a. Shared with the entire office b. Of reasonable value (typically under $50)

As a guideline, gifts should not be accepted during active contracting or federal contract competitions decisions and must be declined if it creates actual or apparent conflict of interest. All gifts over the minimal value threshold must be reported.

Organizational Relationships

If Cadence OneFive has or enters into a relationship with a parent organization, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the company will:

  1. Maintain written standards of conduct covering organizational conflicts of interest arising from such relationships
  2. Define organizational conflicts of interest as situations where the organization’s relationship with a parent, affiliate, or subsidiary organization may result in:
    a. Impaired objectivity in performing federally funded work
    b. Unfair competitive advantage in federal contract opportunities and teaming arrangements decisions
    c. Biased ground rules in competitive situations
  3. Require employees to:
    a. Disclose any business transactions with parent, affiliate, or subsidiary organizations
    b. Recuse themselves from decisions involving such organizations
    c. Document all communications regarding federally funded work with such organizations
  4. Implement protective measures including:
    a. Independent review of business relationships, teaming agreements and federal contract opportunities involving parent, affiliate, or subsidiary organizations
    b. Documentation of roles, responsibilities, and work share in team arrangements
    c. Establishment of firewalls when necessary to prevent conflicts
    d. Regular review of business relationships with related organizations
  5. Prohibit:
    a. Preferential treatment in bidding or contract award processes
    b. Sharing of non-public federal contract opportunities and teaming arrangements information
    c. Use of insider information for competitive advantage
  6. Document all measures taken to identify, avoid, or mitigate organizational conflicts of interest arising from these relationships.
  7. Review potential organizational conflicts:
    a. Before entering into new organizational relationships
    b. When pursuing new federal funding
    c. When organizational relationships change
    d. At least annually for existing relationships

Reporting Conflicts of Interest

If a situation arises in which there is a potential conflict of interest, the employee, contractor or sub-contractor should disclose in writing, via email, any potential conflict of interest to the Cadence OneFive project lead and/or management.

Timeframes for Reporting

Immediate/Same Day Reporting

  • Discovered fraud or criminal activity
  • Active conflicts affecting current federal contract opportunities or teaming decisions
  • Violations that could immediately impact federal funds

Within 24-48 Hours

  • Discovered ethical violations
  • Potential conflicts that could affect contract performance
  • Gift acceptance violations

Within 5 Business Days

  • Suspected but uncomfirmed violations
  • Documentation of minor infractions
  • After-the-fact discoveries of potential conflicts

Documentation Requirements

Written disclosure should include

  • Date violation was discovered
  • Date violation was reported
  • Nature of the violation
  • Actions taken to address the violation
  • Preventive measures implemented

The employee will also discuss the violation with the project lead and/or management for advice and guidance on how to proceed.

If the violation affects federal funding, the federal awarding agency or pass-through entity will also receive disclosure in writing of the potential conflict within ten business days of internal reporting of the violation.

All documentation of reported violations will be maintained for up to three years.

Whistleblower Protections

Cadence OneFive is committed to protecting individuals who report violations of this policy. The following protections apply to all employees, contractors, and subcontractors who report potential violations:

  1. Non-Retaliation
    a. No individual shall face retaliation for good faith reporting of violations
    b. Prohibited retaliatory actions include: (i) termination or threats of termination, (ii) reduction in pay or hours, (iii) negative performance reviews, (iv) exclusion from meetings or projects, (v) hostile work environment, and (vi) any other adverse employment action
  2. Confidentiality
    a. Reporter’s identity will be protected to the maximum extent possible
    b. Information will be shared only on a need-to-know basis
  3. Protection of Position
    a. Whistleblowers will maintain their current position and responsibilities during investigation
    b. Any necessary changes to work arrangements must be approved by HR and senior management
    c. Changes will only be made at employee’s request or for documented business necessity
  4. Documentation
    a. All reports of retaliation will be documented and investigated
    b. Investigation records will be maintained separately from personnel files
    c. Records will be retained for a minimum of 3 years
  5. Remedies
    a. Individuals who experience retaliation may seek: (i) immediate reinstatement, (ii) restoration of lost pay or benefits, and (iii) other appropriate remedial actions
  6. False Claims
    a. Protection extends only to good faith reports
    b. Knowingly false reports may result in disciplinary action
    c. Good faith reports are protected even if violation is not confirmed
  7. Federal Protections
    a. Additional protections may be available under federal law
    b. Reports to federal agencies are protected under federal whistleblower statutes
    c. Company will cooperate with federal investigations of retaliation claims

Disciplinary Actions

All employees, officers, agents, contractors and subcontractors with real or apparent conflicts of interest are prohibited from participating in the selection, award, or administration of contracts supported by federal funds.

Violations of this policy will result in disciplinary action up to and including termination of employment.

Appeal Process

Any individual subject to disciplinary action under this policy may appeal the decision within five business days of notification. The appeal process shall proceed as follows:

  1. Submit Written Appeal via Email
    a. The appeal must be submitted to the project lead/management
    b. The appeal must include: (i) a description of the violation and disciplinary actions, (ii) basis for the appeal, (iii) supporting documentation, and (iv) requested resolution
  2. Review of the Appeal
    a. A committee will review the appeal within five business days
    b. The committee will be composed of a member from senior management, a member from Human Resources and depending on the violation, may include one independent member not involved in the original decision.
    c. No committee member may have been involved in the reported violation of the conflict of interest policy.
  3. Appeal Decision
    a. The committee will review all documentation and may request additional information
    b. A decision will be made within five business days of the committee formation
    c. All decisions by the appeal committee are final
    d. Written notification of the decision will be provided within 2 business days of the decision.

Contractor/Subcontractor Violations

Contractors and subcontractors working on federally funded contracts must comply with this policy. Violations will be handled as follows:

  1. Investigation
    a. All reported violations will be investigated within 5 business days
    b. Contractors/subcontractors must cooperate fully with investigations
    c. Work may be suspended during investigation if the violation creates immediate risk to federal funds
  2. Notice and Response
    a. Written notice of violation will be provided to contractor/subcontractor
    b. Contractor/subcontractor has 5 business days to:(i) respond, (ii) provide corrective action plan, and (iii) submit supporting documentation
  3. Consequences
    a. Minor Violations, such as gift policy infractions or unintentional oversights: (i) written notification of the violation, (ii) required corrective action plan, (iii) additional monitoring, and (iv) training
    b. Serious Violations, such as financial integrity (e.g. directing federal contract work to a company owned by immediate family or hiding significant financial interests) or operational integrity (e.g. sharing proprietary information with unauthorized parties or deliberately concealing relationships with subcontractors): (i) contract suspension, (ii) contract termination, (iii) disqualification from future contracts, and (iv) report to federal authorities
  4. Contractual Remedies
    a. Cadence OneFive may seek contractual remedies including: (i) recovery of improperly spent funds, (ii) termination costs, and (iii) other available legal remedies
  5. Federal Reporting
    a. Serious violations will be reported to relevant federal agencies
    b. Reports will include: (i) nature of violation, (ii) investigation findings, (iii) actions taken, and (iv) corrective measures implemented

Training and Acknowledgment

All employees engaged in the selection, award, or administration of contracts supported by federal funds must:

  • Sign an annual acknowledgment of this policy
  • Review and acknowledge any updates to this policy within the timeframes suggested for the document’s review

Confidential Information

Each employee is required to sign Cadence OneFive’s PROPRIETARY INFORMATION AND COMPETITIVE ACTIVITIES AGREEMENT (PICAA).

The protection of confidential business information and trade secrets is vital to the interests and success of Cadence OneFive. Confidential information is any and all information disclosed to or known by you because of employment with the company that is not generally known to people outside the company about its business.

An employee who improperly uses or discloses trade secrets or confidential business information will be subject to disciplinary action up to and including termination of employment and legal action, even if the employee does not actually benefit from the disclosed information.