Government Contract Compliance Programs: A Practical Approach for Contractors
Topic: Ethics & Compliance
Original Air Date: Tuesday, December 18, 2012
Program Code: 170069
The government has a formidable array of tools to enforce government contract (and grant) laws and regulations. The (criminal) False Statements Act; the (civil and criminal) False Claims Act(s); and Debarment from government contracting are just a certification or invoice away. This program will examine the why's, when's, who's, and how's of government contract compliance program. Besides discussing the general elements of compliance programs, the program will use the Trade Agreements Act, Organizational Conflicts of Interest, subcontracting with small businesses on set-aside contracts, and GSA MAS contracts, as examples of company-specific risk factors that should be addressed in compliance programs.
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- The enforcement background: False Statements, False Claims, and Debarment;
- The elements of every compliance program: Code of Conduct; Training; and Internal Controls;
- When your compliance program should include a Compliance Review;
- Trade Agreements Act: confirming substantial transformation, and monitoring the production process;
- Organizational Conflicts of Interest: Setting up a system to flag potential OCI situations early enough to do something about them, and having a standard mitigation procedure;
- Subcontracting on set-asides: understanding, and following, the rules on improper control over, and subcontracting with, the prime; and
- GSA MAS contracts: monitoring the Price Reduction Clause and IFF payments.
- Avoiding debarment: your compliance program as the key to present responsibility.
Bryan Cave, LLP
William Weisberg, Partner, Bryan Cave, LLP, focuses his practice on government contracts and grants. He represents companies, non-profits and educational institutions entering into business arrangements with, or involving, government entities, including clients selling to defense and civilian federal agencies, as well as state and local governments. Mr. Weisberg represents clients in all phases of the contract and grant process, including cost accounting, bid protests and claims, intellectual property, standards of conduct and ethics, labor and employment regulations, export control, restrictions on foreign goods, performance and termination disputes and security clearance matters. He represents clients ranging from experienced contractors and grantees to those entering the government market for the first time. Mr. Weisberg represents firms doing custom work for the government, as well as organizations selling commercial goods nd services, who view the government as just another customer.
|Joyce Tong Oelrich
Bryan Cave, LLP
Joyce Tong, Associate, Bryan Cave, LLP, focuses her practice on government contracts and grants. She represents information technology firms, manufacturing companies, and professional service firms entering into business arrangements with, or involving, government entities, in bid protests, ethical and corporate compliance issues, product sourcing compliance (such as the Buy American and Trade Agreement Acts as well as the Berry Amendment) and intellectual property issues. She counsels clients on the interpretation of regulatory and statutory law and the impact of those laws on their government contracts and business in general. Ms. Tong has represented clients in pre- and post- contract award disputes before the U.S. Court of Federal Claims and the Government Accountability Office. Ms. Tong is a speaker on these issues and works with the National Contract Management Association.
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