PURPOSE
To establish standards and to describe the Company's commitment and expectation of employees with respect to principles of ethical business conduct and compliance with legal requirements.
SCOPE
This policy applies to all Company personnel in all facilities, subsidiaries, and divisions.
POLICY
The Company is firmly committed to operate its global business in accordance with principles of ethical conduct and appropriate treatment of all of its customers, suppliers, and others with whom the Company has business relationships. The Company expects that all employees will abide by ethical standards of business conduct and that all employees will fully adhere to all applicable laws and regulations when engaging in the Company's business.
In conducting the Company's business, employees must also exercise sound judgment, common sense, and unwavering compliance with all Company policies and contracts and all applicable laws and regulations.
The Company's reputation for honesty, integrity, and ethical standards of business conduct is the sum of the personal actions by the Company's employees. To protect this reputation and to assure uniformity in standards, the Company has established a Code of Ethics and Standards of Business Conduct. This Code consists of the policies found in Section 8 of the Employment Policy Manual.
All employees are responsible for compliance with the Company's Code of Ethics and Standards of Business Conduct.
All employees must recognize the heightened standard of care that is required in dealing with Government contracts and must pay special attention to other applicable laws and regulations. In this respect, the Company has a Government Contract Compliance Code, and all employees are also required to strictly adhere to its requirements when dealing with Government contracts and personnel.
Ethical behavior and conduct is an essential part of every employee's scope of work. An employee's authority to transact the Company's business extends only to conduct that fully complies with the Company's Code of Ethics and Standards of Business Conduct. Any conduct that is in violation of this Code falls outside the scope of an employee's authority.
Unethical behavior that the Company will not tolerate includes, but is not limited to, the following types of conduct:
- Violations of the policies comprising the Company's Code of Ethics and Standards of Business Conduct, Section 8 of this policy manual.
- Violations of the Company's Government Contract Compliance Code.
- Submitting false information to or on behalf of the Company or its employees.
- Knowingly making false statements about the Company or other employees.
- The possession and use of cameras or sound recording devices on Company premises without the permission of Company management and prior notice to the Security department.
- Accepting personal fees or commissions from any transactions on behalf of the Company without the approval of Company management.
Other violations or abuse of the Company's policies, including, but not limited to, those found in the Company's Workplace Conduct Policy 1.20.
H. The above is intended to be representative of the types of unethical behavior that the Company does not condone and which may result in disciplinary action, up to and including termination. This list is not intended to be comprehensive and does not alter the at-will employment relationship between employees and the Company. Therefore, either the Company or an employee may end the employment relationship at any time, with or without cause or prior notice.
I. Every employee is expected to promptly report any conduct that he or she believes in good faith to be a violation of the Company's Code of Ethics and Standards of Business Conduct, the Company's Government Contract Compliance Code, or any applicable laws and regulations.
J. The Company will support all efforts by its employees to seek compliance with the Company's ethical standards of business conduct and all applicable laws and regulations. Employees may properly seek guidance about compliance-related issues and report violations through a variety of different avenues. An employee's first choice generally should be his or her supervisor, manager or Vice President.
K. If for any reason an employee would prefer not to address a particular compliance-related issue through the management in his or her chain of authority, or if an employee believes that any person to whom he or she first reported a compliance-related issue has failed to appropriately address the issue, the employee may raise that issue with the Legal department.
L. With respect to any questions or issues concerning the Code of Ethics and Standards of Business Conduct or the Company's Government Contract Compliance Code, employees may contact the Legal department (via e-mail, telephone, or the Internet).
M. The Business Ethics Committee, consisting of the Chief Financial Officer, Vice President for Human Resources, and the General Counsel, is the final authority for most issues, problems, and questions relating to compliance with ethical standards of business conduct and applicable laws, regulations, and Company policies. Employees may select an individual member of the Business Ethics Committee as their initial avenue for addressing compliance-related issues. In addition, if an employee initially raises a compliance-related issue through another avenue, such as the employee's management, but is not satisfied with his or her response, the employee may escalate that issue to one of the individual members of the Business Ethics Committee for further consideration.
Effective: 01-28-99
Cross Reference Policies:
Workplace Conduct (1.20)
CONFLICTS OF INTEREST Policy 8.10
PURPOSE
To establish standards and to describe the Company's expectations of employees with respect to actual or potential conflicts of interest by employees.
SCOPE
This policy applies to all Company personnel in all facilities, subsidiaries, and divisions.
POLICY
A. Every employee should avoid conflicts of interest, whether actual or potential, with respect to the Company's business, management, personnel, or interests. Employees must not enter into any relationship or activity that might impair, or even appear to impair, the employee's ability to make objective and fair decisions.
Examples of actual or potential conflicts of interest included, but are not limited to, the following:
- Acting as a consultant to a current or potential customer, supplier, or vendor to the Company.
- An employee's hiring, employment, or supervision of a family member in a job or position reporting, directly or indirectly, to that employee or to his or her spouse or another relative. Please see the Employment of Relatives Policy 2.10.
- An employee's ownership of, or a significant financial interest in, a company, firm, or organization that is a current or potential competitor, or a current or potential supplier or vendor to the Company.
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Placement by an employee of any Company business with a family member, or with any company, firm, or organization in which the employee or the employee's family member has any ownership, management, or significant financial interests.
Note: In any closely held enterprise, even a modest financial interest by an employee or a member of the employee's family may be viewed by the Company as significant, depending on the circumstances.
- An employee must disclose all actual or potential conflicts of interest in writing and in advance to the employee's manager, Vice President and then await review and approval before engaging in conduct that would create or appear to create a conflict of interest. Failure to fully disclose actual or potential conflicts of interest may result in disciplinary action, up to and including termination.
- If any manager has any doubts about how to properly resolve any actual or potential conflicts of interest, then he or she shall refer the matter to his or her Vice President. If a Vice President has any doubts about how to properly resolve any actual or potential conflicts of interest, then the Vice President or Manager shall refer the matter to the Business Ethics Committee.
Effective: 01-28-99
Cross Reference Policies:
Employment of Relatives (2.10)
EXTENDING AND RECEIVING BUSINESS COURTESIES (NON-GOVERNMENT) Policy 8.15
PURPOSE
To set forth the Company's rules concerning the offering and accepting of gifts, gratuities, or other things of value with respect to private sector personnel or commercial business. The Company desires to avoid any impropriety or the appearance of any impropriety concerning the offer or acceptance of gifts by employees. With respect to Government personnel or business, please see the policy on Extending Business Courtesies to Government Personnel contained in the Government Contract Compliance Code.
SCOPE
This policy applies to all Company personnel in all facilities, subsidiaries, and divisions.
DEFINITIONS
A. "Business Courtesy" is a gift, gratuity, free sample, or other thing of value given in the context of a business relationship without the intent of improperly influencing the recipient.
B. A "kickback" is any money, fee, credit, gift, gratuity, thing of value, payment in kind, or compensation of any kind that is provided, directly or indirectly, for the purpose of obtaining or rewarding favorable treatment in connection with the award or administration of a contract, purchase order, funds, or resources.
POLICY
A. The Company places limits on both the value and categories of Business Courtesies that employees may offer and accept in private business. The Company's rules governing Business Courtesies are described below. Employees must be careful to abide by these limitations and provide appropriate disclosures whenever offering or accepting Business Courtesies.
B. Employees must not accept or offer, and management must not approve or allow, any Business Courtesy that has an improper purpose, or even the appearance of an improper purpose. A Business Courtesy that falls outside the limits of this policy is presumed to have an improper purpose, unless promptly disclosed, wherever possible in advance, by the employee to the employee's director, Vice President, or the Legal Department (See Business Ethics, Conduct, and Legal Compliance Policy 8.05).
C. Employees must use prudence, care, and good judgment in offering and accepting any Business Courtesies. Business Courtesies can take many forms. The Company's general rules for offering and accepting gifts or gratuities in private business, and some of the common categories of Business Courtesies, are as follows:
- Cash and Cash Equivalent Gifts. Under no circumstances shall Company employees offer or accept any gift of cash or cash equivalent, such as stocks, bonds, reimbursements, loans, etc., in order to attract business or for any other reason with respect to existing or potential customers, suppliers, or vendors.
- Tangible Items. Employees may offer or accept a gift of a tangible item as a Business Courtesy, but only where the value of such item does not exceed approximately twenty dollars ($20). The aggregate value of tangible item gifts offered to or accepted from a particular company, organization, person, etc., must not exceed approximately fifty dollars ($50) annually. Tangible item gifts valued in excess of these limitations are almost never appropriate, and may not be offered or accepted unless promptly disclosed, wherever possible in advance, by the employee for approval to the employee's director, Vice President, or the Legal Department (See Business Ethics, Conduct, and Legal Compliance Policy 8.05). The value of personal discounts, incentives, or rebates received on tangible items must not exceed these tangible item gift limits.
- Meals. Meals can be an appropriate Business Courtesy, so long as the meal occurs in a business context. Employees should not regularly or routinely purchase or accept meals for or from a particular customer, supplier, or vendor.
- Entertainment. Entertainment can be a legitimate Business Courtesy, provided that it is reasonable and has a valid business purpose. The offer or acceptance of payment for purely social entertainment, such as outings that include spouses or significant others, is generally not an acceptable Business Courtesy. The offer or acceptance of payment for sporting events, cultural activities, award dinners, etc., can be a proper Business Courtesy, provided the event has a valid business purpose and its cost is reasonable.
- Exception - Company Sponsored Programs. Company employees may receive gifts or incentives of any value under official, Company-sponsored programs, such as programs relating to sales promotions (e.g., Spiffs). The Company through an established approval process must approve any such program in advance.
- Exception - Foreign Custom. The Company recognizes that it is customary in some Asian or other cultures to exchange appropriate gifts during the first meeting of executives as well as on certain other special occasions. Such exchanges may require gifts valued in excess of the limits the Company generally places on gifts. Employees may offer or accept appropriate gifts in this context, but should restrict the value of such gifts to the minimum value deemed acceptable under local custom. Employees must not exchange gifts valued in excess of the Company's general limits with any foreign Government official, political candidate, or member of a political party. Employees must report all gifts with a value that exceeds the Company's standard gift limits to the Business Ethics Committee.
D. In the event an employee is offered or receives a gift or other Business Courtesy that does not comply with the above guidelines, the employee must refuse or return the gift or other Business Courtesy immediately, and then promptly notify the employee's manager or Vice President.
E. The law strictly limits both the value and categories of Business Courtesies that may be given to Government personnel. In this respect, employees must adhere to the separate policy on Extending Business Courtesies to Government Personnel that is contained in the Government Contract Compliance Code.
F. In addition, employees must be aware that kickbacks are illegal and strictly prohibited by Company policy. The Company's policy concerning kickbacks is contained in the Government Contract Compliance Code and must be adhered to by all employees.
Effective: 01-28-99
MPC-G (formerly Micron Government Computer Systems, LLC)
906 E. Karcher Rd.
Nampa ID 83686
As a supplier to the United States Government, MPC is required to obtain from its contractors and suppliers certifications as to their business size status. The relevant business size status definitions are set forth at Federal Acquisition Regulation ("FAR") Part 19, the current version of which can be found at www.arnet.gov/far. MPC is also requesting that you certify to compliance with certain Federal Acquisition Regulation ("FAR") clauses that are mandatory for subcontractors and suppliers to Federal prime contractors.
Please complete and sign the reply form at the bottom of this page, and return it no later than June 30, 2006 to the address indicated above left, or by fax at (208) 893-7010.
Tax Id. No.
2. We certify that we are in compliance with the requirements of the following FAR clauses:
(d) FAR 52.222-35, "Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era"; and,
(f) FAR 52. 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351, et seq.).
