Under A Microscope: Government Contractors, Audits, and Various Investigations

(100 Ratings)

Produced on: July 17, 2018

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Advanced

The government is truly a unique customer. Through a complex combination of statutes, regulations, and contract clauses, a company that provides goods and services to the government is subject to various audits and investigations of a nature that simply does not exist in standard commercial contracting. The government, in many cases, has the right to determine whether the facts presented by a contractor during negotiations were accurate, current, and complete.  

In addition, if a contractor is paid on the basis on its costs of performance, the government may audit the costs claimed by the contractor to determine whether they are reasonable and correctly reflect the costs incurred. If the government determines that the contractor has not provided accurate information and that inaccuracies increased the contract price or resulted in overpayments, the government may reduce the contract price or initiate claims against the contractor to recover overpayments. When a contracting agency believes that the actions violate statutes, the agency can request an investigation by its Inspector General or refer the matter to the Department of Justice for possible actions under the False Claims Act.

In this course, attorneys Ray Monroe, Cameron Hamrick, and Ted Ebert address the audit and investigative authorities of the government, explain the government’s remedies for violations, and provide advice on responding to government audits and investigations. The course draws on both their knowledge of government contracts law and their practical experience to outline how to survive and, even better, avoid government audits and investigations.


Learning Objectives:

  1. Identify the source of the government’s rights to audit and investigate government contractors and the scope of these rights
  2. Discuss the typical subject matter of government audits and investigations and which organizations within the government perform the audits and investigations
  3. Appreciate the potential liability for matters typically audited and investigated by the Government
  4. Respond to document requests and interview requests in audits and investigations
  5. Address the importance of mitigating the risks of being a federal government through integrated corporate governance, risk management, and compliance (GRC) “infrastructure”

Faculty

Raymond F. Monroe

Miles & Stockbridge P.C.

Ray Monroe, a principal at Miles & Stockbridge, has 30+ years of experience representing national and multi-national businesses and quasi-public entities on litigation, ADR, and counseling matters in a broad array of industries from aerospace to utilities relating to public procurement and grants. His experience includes bid protests; claims; compliance programs; corporate governance; cybersecurity; disaster response and hazard mitigation grants; ESPCs; False Claims Act; FCPA; internal and external investigations; mandatory disclosures; public-private partnerships; Public Law 85-804 indemnification; and suspension and debarment.

Ray also counsels clients regarding the implementation of policy and procurement initiatives at the international, federal, state, and local levels. He is involved with cloud computing, disaster response, green technology, High Speed Rail, infrastructure improvement, and renewable energy initiatives.  In addition, he assists both private and public clients in designing procurement policies and procedures and alternative dispute resolution (ADR) mechanisms; he represents clients in ADR proceedings; and he has participated in arbitrations as a party arbitrator.

Before joining Miles & Stockbridge, Ray was a Partner in the Government Contracts Group of Crowell & Moring. Ray received his law degree from Duke University School of Law in 1980, with distinction, where he served as Executive Editor of the Duke Law Journal. Ray received his undergraduate degree from Hobart College in 1977, Phi Beta Kappa, where he majored in physics and history. Following law school graduation, Ray clerked for Justice Stewart G. Pollock of the New Jersey Supreme Court. Ray is admitted to practice in the District of Columbia and New Jersey.





R. Theodore Ebert

Miles & Stockbridge P.C.

Ted Ebert, a counsel at Miles & Stockbridge, has 30+ years of experience advising clients on all aspects of government and commercial contracts, mergers and acquisitions, compliance, risk management and internal investigations. Ted provides general counsel outsourcing services to businesses and organizations that range from industry leaders to cutting-edge start-ups.

Before joining Miles & Stockbridge, Ted held senior legal and executive roles at Lockheed Martin Corporation, including serving as assistant general counsel for Lockheed’s Technical Services business segment that provides worldwide technical services and operation assistance to U.S. government and commercial customers and as vice president (contracts) for a multi-billion dollar Lockheed business segment where he managed a staff of 260 professionals with responsibility for government contracts, foreign military sales, international direct sales and domestic commercial sales. Prior to Lockheed, Ted was senior counsel with Raytheon Technical Services Co.; a partner with the law firm Crowell & Moring LLP; and deputy associate administrator for congressional affairs and chief legislative counsel for the United States General Services Administration.

Ted earned his J.D. from the Dickinson School of Law (Pennsylvania State University), serving as a member of the Dickinson Law Review.



Cameron Hamrick

Miles & Stockbridge P.C.

Cameron Hamrick is a principal at Miles & Stockbridge, and has more than 30 years of experience representing clients in matters across the full spectrum of government contracts law. His clients have included top-tier government contractors, with a particular focus on defense, construction, health care, technology, and energy. He advises clients on a wide variety of contract matters, including procurement integrity and conflict of interest issues, drafting and negotiating contracts and subcontracts, grants and cooperative agreements, cost accounting requirements, defective pricing, cyber security, protection of proprietary data, and terminations for convenience and default.

Cameron has litigated complex contract cases before the federal district courts, the U.S. Court of Federal Claims, federal agency boards of contract appeals and other forums, as well as numerous bid protests before the GAO and the U.S. Court of Federal Claims. He has represented clients in contract audit and disputes matters, False Claims Act litigation, suspension and debarment actions, and civil and criminal fraud investigations. He also has represented clients in several transactions involving the preparation of filings with the Committee on Foreign Investment in the United States (CFIUS), as well as coordination with the Defense Security Service concerning matters covered by the National Industrial Security Program Operating Manual (NISPOM).

Before joining Miles & Stockbridge, Cameron was a partner with Mayer Brown LLP and, prior to that, with Miller & Chevalier in Washington, D.C. Cameron received his law degree from Duke University School of Law in 1985, and his undergraduate degree from Duke University, magna cum laude, in 1981.

Reviews

VK
VaLinda K.

Good Job! Direct and to the point.

JC
Jim C.

Great course

MB
Marcella B.

I have practiced in this area for many years - including private practice and these guys are spot -on. Their personal experience made this a great CLE.

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