Government Contract Compliance Series

The Government Contracts Compliance course is a series composed of 90-minute sessions covering “need to know” topics in the field of government contracts. These sessions cover topics such as corruption issues, supply chain issues, and international business to accounting, cybersecurity, administration and safeguarding information. These processes can often seem overwhelming due to the technical nature, array of statutes, rules, guidance and contract types, and ever-changing legal landscape. This series will provide comprehensive summaries of the issues relevant to government contracts.

August 17: Corruption Issues

• Gifts
• Gratuities
• Kickbacks
• Whistleblower Protections
• Covenant Against Contingent Fees

August 24: Procurement Process

• Procurement Integrity (disclosure restrictions)
• Organizational Conflicts of Interest
• Duty to Disclose Evidence of Fraud

August 31: International Business Issues

• Foreign Corrupt Practices Act
• ITAR, EAR and OFAC export and import controls
• Anti-boycott laws
• Buy American and Trade Agreements Acts, Berry & Kissell Amendments
• Human trafficking (not just an overseas issue, but that’s where requirements are most rigorous)

September 7: Supply Chain Issues

• CPSR
• Subcontractor source selection (responsibility, past performance)
• Unreasonable Restrictions on Subcontracting Sales to Government (FAR 52.203-6)
• Counterfeit parts
• Preventing prohibited sources in supply chain
• Excessive pass-through charges

September 14: The Other Business Systems

• Property System
• Estimating System
• Earned Value Management System
• Material Management & Accounting System

September 21: Cost and Pricing

• Pricing Strategies
• Price Analysis
• Commercial Items
• Competition
• Cost Justified Pricing

September 28: Accounting Systems

• Cost accounting
• Time cards
• Truth in Negotiations Act
• Certifications (indirect costs, incurred costs, etc.)
• Audits

October 5: The Dark Side

• False Claims Acts
• False Statements Act
• Suspension and debarment

October 12: Cybersecurity

• NIST Guidance
• FAR Rules
• CMMC
• Safeguarding Covered Contractor Information
• Controlled Unclassified Information
• Safeguarding Covered Defense Information

October 19: Interacting with Government

• Post-employment restrictions (Procurement Integrity Act, 18 U.S.C. 207)
• Issues when working on government site
• Status of contractor when “representing” government
• Personal Conflict of Interest

October 26: Antitrust and Lobbying

• Certificate of independent pricing
• Restraints on trade
• HLOGA – gift rules
• Registration requirements
• Byrd amendment

November 2: Compliance Program

• Requirements for small businesses
• Requirements for everyone else
• Flowdowns to subcontractors

November 9: Contract Administration

• Limitations on authorizations (to make agreements or execute documents)
• Compliance with audit requirements
• Records retention
• Nepotism
• Internal personal conflicts of interest

November 16: Socioeconomic Issues and Schedule Contracts

• Small business status – affiliation rules
• Small business size protests
• 8(a), SDVO, HUBZone and WOSB programs
• Limitations on Subcontracting (FAR 52.219-14)
• Schedules – Commercial pricing information
• Price reduction clause

November 30: Employment, Health and Safety

• Equal opportunity requirements
• Affirmative Action requirements
• Environmental, health and safety issues

December 7: Safeguarding Proprietary Information

• Technical data and computer software
• Patent rights
• Authorization and consent
• Non-disclosure agreements

December 14: Classified Contracting, and Privacy Issues

• NISPOM– Personnel clearances
• Facility Clearances
• Privacy Act
• GDPR