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Utilizing Your Best Efforts to Achieve Diversity in Government Contracting

(97 reviews)

Produced on July 16, 2019

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Course Information

Time 60 minutes
Difficulty Intermediate

Course Description

Diversity in government contracting has become a hot topic. Some government entities have adopted laws and policies to require diversity as part of the procurement process; other government entities have diversity and set aside goals that require government vendors to exercise their best efforts to utilize female, minority, and veteran owned businesses. Join Genova Burns LLC Partner Rebecca Moll Freed, a member of the firm’s Procurement Law, Government Contracts & Bid Protest Litigation Group, to learn more about these requirements and develop a strategy for compliance for your company.

Learning Objectives:

  1. Gain a general understanding of diversity and set-aside goals in the government procurement process
  2. Review “best efforts” requirements and benchmarks for government vendors
  3. Recognize potential pitfalls associated with failure to comply with diversity requirements
  4. Develop strategies for compliance to achieve diversity goals

Credit Information

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Rebecca Moll Freed

Genova Burns LLC

Ms. Freed advises corporations, partnerships, limited liability companies, trade associations, charitable organizations, social welfare organizations and political action committees on the legal aspects of their political activities.


Ms. Freed has substantial experience with New Jersey’s pay-to-play laws; she has lectured frequently on the topic, and written extensively on the issue as well, including articles for New Jersey Lawyer, New Jersey League of Municipalities Magazine, and New Jersey Law Journal.


Ms. Freed also has extensive experience in procurement law, assisting clients in the preparation of RFPs and RFQs on the state and local levels. She has represented numerous clients in bid protest disputes before administrative agencies and before the Appellate Division of New Jersey Superior Court.


As Director of the firm’s Corporate Political Activity Group, the Non-Profit and Tax Exempt Organization Practice Group and Vendor Political Activity & Ethics Compliance Training & Audit Programs, Ms. Freed provides training and counseling to companies, in-house counsel and corporate ethics and compliance officers who seek to maximize government contracting opportunities while assuring compliance with the law.


Representative Matters:

  • Assists clients in the development of political activity compliance policies and training programs.
  • Advises on corporate ethics.
  • Advises clients on the impact that political contributions may have had on their ability to maintain eligibility for government contracts at the state, county and local level.
  • Defends clients in pay-to-play ineligibility determinations at the state, county and local levels.
  • Represents non-profits on creating independent expenditure political action committees that comply with the U.S. Supreme Court’s decision in Citizens United v. FEC.

Ms. Freed serves as co-Chair of the firm’s Strategic Planning Committee. From 2013 to 2015, Ms. Freed served as co-Chair of the firm’s Inclusionary Initiative, which encompasses the firm’s Women’s Initiative and Diversity Initiative. The Inclusionary Initiative focuses on the common goal of fostering better lawyers and serving our clients’ needs.


Memberships and Affiliations:

  • Member, Newark Academy Board of Governors
  • Participant, Newark Academy - Newark Scholars Program
  • Board Counsel, Women’s Political Caucus of New Jersey
  • Co-Chair of Common Ground Speaks, an initiative that sponsors a free lecture series featuring distinguished speakers who address topics related to child development, parenting and education at Far Hills Country Day School
  • Trustee, Partners for Women and Justice, 2011 to 2014



  • Recipient of the “Mary Philbrook Award” by Women’s Political Caucus of New Jersey, 2016
  • Honored as a “Woman of Distinction” for the Class of 1994 by Newark Academy for her contributions to the legal industry and to the community, 2014
  • Listed in NJBIZ as one of “Forty Under 40”, 2010
  • Listed in New Jersey Law Journal as one of “Forty Under 40”, 2008



  • “Adoption and Implementation of a Political Activity Compliance Policy: Don’t Let Your Employees’ Individual Political Activities Put Your Company at Risk” (New Jersey Lawyer, June 2014) (co-author)
  • “Independent Expenditures: A Mechanism for Bribery in the Procurement Process?” (New Jersey Lawyer, February 2013) (co-author)
  • “Local Pay-to-Play Restrictions: An Unconstitutional Impingement on First Amendment Rights?” (New Jersey Lawyer, Dec. 2006)
  • “How to Cut through the Confusion of Pay-to-Play” (New Jersey Municipalities, Feb. 2006)
  • “Pervasively Regulated Industries Can Participate Politically” (New Jersey Law Journal, 167 NJLJ 28, January 7, 2002) (co-author)
  • “The Right to Vote and Be Counted: A Liberty at Risk” (The New Jersey Lawyer, April 2005) (co-author)
  • “Pay-to-Play: Political Contributions Doing Business with the Government Must Beware” (New Jersey League of Municipalities Magazine and the New Jersey Business and Industry Magazine, 2004) (co-author)


Bar Admissions:

  • New Jersey, and U.S. District Court, District of New Jersey, 2001
  • New York, 2002



  • Georgetown University Law Center, J.D., 2001
  • Tufts University, B.A., 1998


Elizabeth S.

knowledgeable faculty

cindy m.

Effective speaker. Excellent points and law. Thank you.

Alexander H.

Good presentation.

Goutam J.

Great program

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