Your company, with the help of a foreign agent, is preparing a bid on an RFP to provide security services and equipment for a foreign government building complex.

The agent reports that a member of the bid evaluation committee solicited an improper payment that he told the agent would help your company’s bid. The agent also reports that his expenses in connection with the engagement have turned out to be higher than previously negotiated.

Your company conducts an investigation as to whether the agent has violated company policy prohibiting improper payments to foreign officials. When the agent is questioned about the solicitation, he says he might have been mistaken about the request by the member of the bid evaluation committee.

Your company launches an effort to win the bid and is ultimately successful in securing the contract.

• Has the company violated the FCPA?
• How do you handle an agent when you think you have identified a concern, but cannot be sure?
• Should the agent be terminated?
• Should the agent be paid any commission?

If you have any questions regarding this scenario, please contact us.