Webcast

Risk and Opportunity: An Overview of Compliance Obligations and Risks of Enforcement in Federal Supply Schedule Contracting

Streams live on Tuesday, July 14, 2020 at 10:00am EDT

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Course Information

Time 60 Minutes
Difficulty Intermediate

Course Description

Federal Supply Schedules offer companies access to the multi-billion dollar government procurement market but come with real and complex compliance obligations and associated risk of enforcement. Unwary companies can face consequences as severe as the civil False Claims Act and debarment, while those that successfully navigate the compliance environment can use the schedule to sell to a broad variety of federal, state, and local government agencies. 

This program, taught by Arnold Porter attorneys Kristen Ittig and Amanda Sherwood, will provide an overview of compliance obligations involved in Federal Supply Schedule contracting, and best practices contractors should consider in pursuing and maintaining their contracts. The course will also cover recent compliance and other updates announced by GSA.



Learning Objectives:

  1. Provide an overview of compliance obligations associated with participation in Federal Supply Schedules
  2. Summarize the enforcement risks and mechanisms associated with Federal Supply Schedules
  3. Look forward to upcoming changes in the Federal Supply Schedule structure and requirements

Credit Information

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Faculty

Amanda J. Sherwood

Arnold & Porter Kaye Scholer LLP

Amanda Sherwood's practice covers a wide range of government contracts matters. She assists clients in complying with the various regulatory challenges specific to the contracting and national security industries, ranging from contract administration matters, to export controls and trade sanctions, to cybersecurity and data rights matters, to compliance with domestic preference and other regulatory regimes.  She has experience pursuing and defending bid protests, responding to government investigations and Freedom of Information Act requests, and bringing contract claims. Ms. Sherwood has represented government contractors before the Government Accountability Office, boards of contract appeals, Court of Federal Claims, Federal Circuit, District Courts, and various federal agencies.


EDUCATION

  • JD, University of Pennsylvania Law School, 2015, summa cum laude, Order of the Coif

  • BA, University of Pennsylvania, 2012, summa cum laude

ADMISSIONS

  • District of Columbia

  • Virginia

  • US Court of Federal Claims

  • US Court of Appeals for the Federal Circuit


FOCUS AREAS




Kristen E. Ittig

Arnold & Porter Kaye Scholer LLP

Kristen Ittig counsels and represents large and small clients in government contracts matters, including compliance counseling, bid protests, investigations, audits and self-disclosures, claims and disputes, terminations, and other issues impacting government contractors and federal grantees.

Ms. Ittig counsels companies on compliance obligations relating to federal contracts and grants and assists companies in designing and implementing effective compliance programs. She also provides guidance on contract and subcontract negotiations, the formation and administration of teaming and strategic alliances, and performance disputes.

Ms. Ittig assists contractors and grantees in conducting internal investigations and represents clients in audits and investigations conducted by the Department of Justice, the Government Accountability Office, and agency inspectors general, including providing advice on the FAR mandatory disclosure requirements. She has substantial experience in suspension/debarment proceedings, and in defending federal civil False Claims Act cases, including matters relating to GSA Schedule contract compliance.

Further, Ms. Ittig provides advice regarding small business matters, including maintenance of small business status and establishment of SDVOSB, EDWOSB, and HUBZone eligibility. In this context, she litigates size protests and NAICS code appeals.

Ms. Ittig has substantial experience in domestic preference law, including the Buy American Act and the Trade Agreements Act. She litigates the Freedom of Information Act (FOIA) and reverse-FOIA matters relating to the release of unit pricing and other sensitive contractor information.

Separately, Ms. Ittig represents clients in security clearance litigation matters before the Defense Office of Hearings and Appeals and other agency adjudicative authorities.


EXPERIENCE

  • Multiple contractors in numerous bid protests at GAO and Court of Federal Claims in both pre-award and post-award bid protests.

  • AgustaWestland in successfully resolving the termination for the convenience of the presidential helicopter program.

  • International corporation in successful trial and appellate litigation to protect trade secret and confidential pricing information from disclosure under the Freedom of Information Act.

  • Homeland Security contractor in internal investigation, Defense Contract Audit Agency (DCAA) audit, and DOJ investigation regarding performance and pricing issues.

  • Over 20 individuals before DOHA and other agencies in security clearance appeals and other proceedings. Obtained clearances in matters involving Guidelines B, C, E, F, H, M (Foreign Influence, Foreign Preference, Personal Conduct, Financial Considerations, Drug Involvement, Use of Information Technology Systems).

  • CSC in non-intervened qui tam matter relating to small business subcontracting obligations, successful defense, and resolution; Tran v. Computer Sciences Corporation, et al., No. 1:11-CV-00852-KBJ.

  • Oracle in intervened Eastern District of Virginia qui tam matter relating to GSA Multiple Award Schedule contract and Price Reductions Clause disclosures/compliance; substantial portion of damages eliminated through the motion to dismiss; remainder of the case settled before trial; United States ex rel. Frascella v. Oracle Corporation, et al., No. 1:07-CV-529.

  • Large consumer products company in investigation and settlement of two intervened qui tam False Claims Act matters relating to GSA Schedule pricing, the Anti-Kickback Act, the Procurement Integrity Act, and the Anit-Gratuities Act (successful defense and resolution of both matters).

  • IT contractor in GAO/SBA/DOJ investigation relating to HUBZone status, successful defense, and resolution.


RECOGNITION

Chambers USA

Government Contracts (Nationwide) (2012, 2015-2019)


CREDENTIALS


EDUCATION

  • JD, Vanderbilt University Law School, 1996

  • BA, American University, 1990

ADMISSIONS

  • District of Columbia

  • Maryland

  • Virginia

ACTIVITIES

  • ABA Public Contract Law Section - Member, Governing Council, Past Chair; Legislative Coordinating Committee

  • Board of Contract Appeals Bar Association, Treasurer and former President

FOCUS AREAS