What Government Contractors Should Know About Key Labor and Employment Obligations Before Your Next Bid

Aaron Raddock is a Director with BDO’s Government Contracts & Advisory Services practice. He has more than ten years of consulting experience working with government contractors, higher education institutions and nonprofit organizations. Aaron has advised clients in virtually every industry including avionics, construction, retail, defense, healthcare, hospitality, security services, technology, transportation, not-for-profit/academic, research and development, architecture and engineering, and professional services on a wide range of business issues and regulatory compliance matters.

Aaron’s specific experience includes: 

• Provides government contractors and recipients of government funds with accounting, compliance, audit and litigation support throughout almost all phases of the contract life cycle.
• Provides cost accounting advisory services including indirect cost rate design, disclosure statement preparation, cost impact calculations, assistance with complex allowability and allocability matters, and incurred cost submission preparation.
• Guides contractors through government audits and negotiations with a variety of different audit agencies including DCAA, GSA OIG, DFAS, DOL and others.
• Supports contractors in a variety of claims and disputes including contract terminations for convenience or default, requests for equitable adjustment, bid protests, breach of contract claims and False Claims Act suits. Assists with a variety of matters at the direction of counsel and under protective order.
• Conducts forensic investigations into suspected fraud or other misconduct.
• Assists with complex pricing analyses related to Federal Supply Schedule contracts, including proposal development or option renewals under GSA/VA Schedule contracts, and similar contracting vehicles, and evaluates potential exposure related to the triggering of the Price Reductions Clause.
• Performs compliance assessments and detailed back pay calculations related to wage and hour requirements like the Service Contract Act and the Davis-Bacon Act.
• Assesses compliance with contractor business system requirements, FAR/CAS, domestic buying preferences and other unique government contract obligations, and assists with remediation.
• Helps contractors design and implement robust government contract compliance programs to promote compliance and effectively manage suppliers.

Trina Fairley Barlow is a partner in the firm’s Labor and Employment and Government Contracts groups. She devotes a substantial portion of her practice to helping government contractors navigate and comply with the myriad laws, regulations, and Executive Orders which impact employers who are also government contractors. Trina’s experience includes advising federal contractors on the requirements of the Service Contract Act, as well as the Davis Bacon Act, and assisting clients with developing compliance strategies that reduce legal risks. In addition, Trina has defended and advised clients in False Claim Act (FCA) whistleblower retaliation cases and has led large internal investigations that frequently encompass a complex combination of labor and employment, government contracts, and ethics and compliance issues. In connection with such investigations and in other contexts, clients also frequently call upon Trina to assist them with developing compliant policies and internal practices that achieve business objectives while simultaneously reducing potential legal risks and exposure.

In addition to Trina’s work with government contractors, Trina routinely advises and represents a broad range of other organizations, including Fortune 100 companies, healthcare providers, pharmaceutical manufacturers, professional services firms, start-ups, joint ventures, and non-profit organizations on a range of labor and employment matters. Trina’s experience includes representing employers in litigation matters arising under Title VII, ADEA, ADA, ADEA, FMLA, FLSA, USSERA, and Section 3730(h) of the FCA. Trina’s litigation work also includes regularly representing employers before administrative agencies, including the Equal Employment Opportunity Commission, the Department of Labor, and countless other state and federal agencies. In the alternative dispute resolution context, Trina has litigated cases before JAMS and AAA and obtained numerous "take nothing" awards on behalf of employers.

Finally, Trina routinely provides comprehensive legal advice, guidance, and training to employers on issues ranging from hiring, discipline, and terminations, to wage and hour compliance and reductions-in-force. She advises employers on the implementation and enforcement of personnel policies, and regularly reviews and drafts various employment agreements to protect her clients' business and legal interests. As an experienced employment law attorney, Trina stays abreast of the latest employment law developments and is frequently invited to speak and write on emerging labor and employment law topics and trends.