Government Contract Compliance

Includes coverage of new Congressional oversight initiatives, proposed regulations and statutes.

A tailored program for Government contracting executives, managers & their legal advisors:

Procurement Integrity; New and Continuing Requirements
Self-Governance Approaches
Areas of Increased Monitoring and Investigation
New Statutes, Regulations and Cost Allowability Rules
Conducting Effective Compliance Reviews
Voluntary Disclosure of Wrongdoing
New Contractor Vulnerabilities, Liabilities and Rights
Criminal and Civil Proceedings for Noncompliance
Organizational Conflicts of Interest (OCI) Compliance Issues
Developing an Effective Compliance Program
...and more.

Dramatic changes are taking place in Federal procurement today. At the core of these changes is COMPLIANCE with Government Contract requirements. Increased oversight and closer scrutiny are key concepts driving new Congressional initiatives in Government Contracting.

The purpose of this specially developed course is to provide an update and a valuable resource to assist contractors in developing and managing effective, efficient, ongoing compliance programs. For every major area covered, the course reviews:

Your contractual obligations
Areas fo controversy & special complexities
Suggested procedures
Practical problems & case studies
Recommendations for action

Designed as a complete and comprehensive course, it serves as: (1) An update for contract professionals; (2) A guide to creating and maintaining a compliance program; (3) A primer on how to audit your contracting procedures; (4) An opportunity for training our contracting personnel and; (5) A detailed summary of Government contract requirements. All designed to assure maximum understanding and explained in terms you can immediately apply to your individual operations.

We invite you to join us.

Government Contract Compliance Course Curriculum

PART I. COMPLIANCE BASICS

Chapter 1. The Offenses & Penalties
1. Overview
2. Criminal Fraud
3. Conspiracy
4. Civil Fraud
5. Corruption
6. Improper Access to Government Property & Information
7. Obstruction of Justice
8. Criminal Penalties
9. Civil Penalties
10. Administrative Penalties

Chapter 2. Your Response to a Criminal Investigation
1. Overview
2. Investigators and Devices
3. Preparing for and Responding to an Investigation
4. Conducting an Internal Investigation
5. Responding to a Grand Jury Proceeding

Chapter 3. Parallel Proceedings & Global Settlements
1. Overview
2. Risks of Parallel Proceedings
3. Global Settlement
4. Mitigating Factors

Chapter 4. Your Compliance Program
1. Overview
2. Developing a Compliance Program
3. Recovering Compliance Costs
4. Steps to Achieve Compliance

Chapter 5. Conducting a Compliance Audit
1. Overview
2. Planning the Audit
3. Performing the Audit
4. Implementing & Reporting the Audit Results

PART II. OBTAINING GOVERNMENT CONTRACTS

Chapter 6. Handling Procurement Information
1. Overview
2. Procurement Integrity Act & Rules
3. Improper Access to Government Property & Information
4. How to recognize the Problem
5. Compliance Initiatives

Chapter 7. Influencing Government Actions
1. Overview
2. Bribery & Illegal Gratuities
3. Lobbying Restrictions
4. Collusive Bidding
5. Kickbacks

Chapter 8. Conflicts of Interest
1. Overview
2. Personal Conflicts
3. Organizational Conflicts
4. How to Recognize the Problem
5. Compliance Initiatives

Chapter 9. Defective Pricing
1. Overview
2. Current Requirements
3. How to Recognize the Problem
4. Compliance Initiatives

Chapter 10. Selling Commercial Items
1. Overview
2. Commercial Item Acquisitions
3. Special Contracting Methods
4. How to Recognize the Problem
5. Compliance Initiatives

PART III. CONTRACT PERFORMANCE

Chapter 11. Cost Allowability
1. Overview
2. Current Requirements
3. How to Recognize the Problem
4. Compliance Initiatives

Chapter 12. Cost Accounting
1. Overview
2. Current Requirements
3. How to Recognize the Problem
4. Compliance Initiatives

Chapter 13. Time Charging
1. Overview
2. Current Requirements
3. How to Recognize the Problem
4. Compliance Initiatives

Chapter 14. Progress Payments
1. Overview
2. Current Requirements
3. How to Recognize the Problem
4. Compliance Initiatives

Chapter 15. Product Substitution
1. Overview
2. Current Requirements
3. How to Recognize the Problem
4. Compliance Initiatives

PART IV. SPECIAL PROBLEMS

Chapter 16. Contract Claims
1. Overview
2. Certifying & Pricing Contract “Claims”
3. How to Recognize the Problem
4. Compliance Initiatives

Chapter 17. Domestic & Foreign Product Acquisition Preferences
1. Overview
2. Principal Laws & Rules
3. “Made in USA” Labels
4. How to Recognize the Problem
5. Compliance Initiatives

Chapter 18. Acquisitions & Mergers
1. Overview
2. Planning & Executing the Acquisition or Merger
3. Special Concerns for the Resulting Company
4. Foreign Acquisitions of U.S. Companies
5. Due Diligence Review

Chapter 19. International Sales
1. Overview
2. Export Restrictions
3. Foreign Corrupt Practices Act
4. Antiboycott Provisions
5. Restrictions on Agents & Representatives

Chapter 20. Foreign Military Sales
1. Overview
2. Current Requirements
3. How to Recognize the Problem
4. Compliance Initiatives

Course Faculty

This course will be taught by the authors of the new edition of the Government Contract Compliance Handbook.

Grace Bateman is Of Counsel in Seyfarth Shaw’s Washington D.C. office practicing government contract law. She has represented contractors before federal, state, and local courts and administrative agencies in cases involving all aspects of the contracting process. In recent years, Ms. Bateman has focused on commercial product sales, service contracting, federal contract compliance, and construction contracting. She has represented supply and service contractors in more than 50 bid protests before federal, state, and local forums.

Kevin P. Connelly is the Chair of Seyfarth Shaw’s Washington D.C. office Government Contracts practice. His practice focuses on government and commercial contract litigation and counseling for defense and civilian contractors. Mr. Connelly is experienced in all phases of government contract law including bid protests, claims, Qui Tam and False Claims litigation, and suspension and debarment proceedings. Mr. Connelly also has worked on numerous acquisitions by and of government contractors, dealing with FOCI, due diligence, valuation and representation and warranty issues. He has handled internal investigations and voluntary disclosures and has developed compliance programs for government contractors.

Joseph J. Dyer is a Partner in Seyfarth Shaw’s Washington D.C. office practicing primarily in the areas of government contracts and international law. Mr. Dyer has participated in litigation before the Federal Courts, the Boards of Contract Appeals, and other administrative tribunals and agencies. Mr. Dyer was one of fifteen recipients nationwide of the Burton Legal Foundation Award for Legal Achievement for 2000. Mr. Dyer is an NCMA Fellow. Prior to joining Seyfarth Shaw LLP, Mr. Dyer held a variety of legal and managerial positions with a major defense company.

Donald G. Featherstun is a Partner in Seyfarth Shaw’s San Francisco office and is the chair of that office’s litigation practice. His practice has focused on commercial litigation with an emphasis on government contract law. He has extensive trial and claims preparation experience. He has tried cases in a variety of forums including federal courts, state courts, boards of contract appeals, state administrative bodies and private arbitrations.

Mr. Featherstun has represented telecommunications contractors, computer contractors, aerospace contractors, construction contractors, service contractors and environmental remediation contractors in counseling, major litigation, claim preparation, bid protests, False Claims Act cases, white collar criminal investigations, and negotiation of contract terms and conditions for federal, state and local procurements.

Michael B. Hubbard is a Partner in Seyfarth Shaw’s Washington D.C. office practicing government contract law, complex civil litigation and white collar litigation. Mr. Hubbard has appeared in federal and state courts and before Boards of Contract Appeals to litigate contract claims, cost allowability, bid protests, whistleblower protection, false claims, property taxes, and commercial disputes. While with the firm, he has also participated in a number of internal company investigations analyzing compliance with contractual obligations and federal criminal and civil statutes.

Prior to joining Seyfarth Shaw LLP, Mr. Hubbard served as a Deputy County and Prosecuting Attorney in Converse County, Wyoming. In that position, he was involved in all phases of criminal prosecution: investigation, charging decisions, grand jury practice, trials, sentencing and appeals.

Steven L. Briggerman Attorney at Law in Washington, D.C. practicing government and commercial contract litigation and counseling, with a particular emphasis on cost and cost accounting issues and the preparation of claims for price and schedule adjustments. His litigation responsibilities include the preparation and presentation of matters before Boards of Contract Appeals, Federal District Courts, Federal Courts of Appeals, the United States Court of Federal Claims, and the Government Accountability Office.

His practice areas include Government, Commercial & International Contracts;
Alternative Dispute Resolution, Claims & Changes, Commercial Items, Contract
Pricing, International Contracts, Litigation, Technical Data/Intellectual Property,
Terminations.

In addition to his work on the Government Contract Compliance Handbook, Mr. Briggerman has authored articles in the Briefing Papers series for Thomson/West. He is an active member of the Federal Bar Association and their Government Contracts Section.