You're on the Hook: Mitigating Compliance Risks in an Era of Proactive Subcontractor Management

(181 Ratings)

Produced on: October 19, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 93 minutes
Difficulty Intermediate

Prime contractors have always been responsible for their subcontractors in a general sense. But in recent years, contractors have increasingly been required to shoulder specific, direct, and proactive responsibilities that reach far into their supply chains. This program explores the compliance responsibilities and risks in this era of what we call proactive subcontractor management. This program concludes by looking ahead to new developments on the horizon in the area of subcontractor management obligations including a preview of the potential agenda of the next administration in this area.

 

Learning Objectives:

I.     Understand parts and materials sourcing

II.    Understand the related areas of labor, employment, and affirmative action 

III.   Grasp commercial item determinations / issues

IV.   Identify human trafficking issues

V.    Understand purchasing systems and overall purchasing management

Faculty

Eric Leonard

Wiley Rein LLP

Mr. Leonard represents clients on all aspects of federal, state and local procurement matters, including government contracts compliance issues, compliance with federal labor initiatives, such as the Service Contract Act (SCA), bid protests, contract disputes and termination litigation, mergers and acquisitions, government investigations, suspension and debarment matters and False Claims Act actions.  His experience includes representation of clients before federal agencies, the Government Accountability Office (GAO) and the U.S. Court of Federal Claims and spans virtually all industries involved in contracting with the federal government.

 

REPRESENTATIVE EXPERIENCE

  • Successfully represented clients on bid protest matters involving multi-billion dollar procurement matters before GAO and at the U.S. Court of Federal Claims
  • Advised numerous clients on a wide range of government contracts compliance issues including development of mandatory disclosure programs
  • Developed government contracts compliance plans and manuals for large government contract clients and conducted compliance audits designed to test a contractor's compliance with applicable federal statutory and regulatory requirements
  • Assisted numerous clients with issues arising under the SCA including assessment of coverage by the SCA and related counseling, representation in connection with Department of Labor SCA compliance audits, and development of tailored strategies for ensuring compliance with SCA fringe benefit requirements
  • Recently served as government contracts special counsel in multi-billion dollar government contracts bankruptcy matter. Developed novel novation strategies in connection with asset sales by the bankruptcy estate and assisted with developing resolution strategies for the settlement of government claims against the estate
  • Assisted numerous clients in preparing responses to grand jury subpoenas and inspector general subpoenas on large-scale government investigation matters at times prompted by underlying qui tam suits
  • Regularly counsels clients on teaming agreement and subcontracting matters, small business questions, and other issues related to compliance with socioeconomic obligations and U.S. preference statutes and regulations such as the restrictions associated with the acquisition of specialty metals

PROFESSIONAL EXPERIENCE

  • Adjunct Professor, George Mason University School of Law (Spring 2007, Fall 2006, Spring 2003).

AFFILIATIONS

  • American Bar Association (ABA), Section of Public Contract Law (1997-Present)
  • Vice-Chair, Debarment and Suspension Committee (2009-Present)
  • Vice-Chair, Procurement Fraud Committee (2004-Present)
  • Bid Protest Committee (1997-Present)
  • Services Contracting Best Practices Task Force (2011)
  • Editor, Public Contract Law Journal (2000-2005)
  • Fairfax County Chamber of Commerce
  • Co-Chair, GovCon Communications Committee (2008-Present)
  • National Contract Management Association (NCMA) (1997-Present)
  • Northern Virginia Technology Council (NVTC), B2G Committee (2006-Present)
  • Professional Services Council (PSC) (2003-Present)

Craig Smith

Wiley Rein LLP

Mr. Smith counsels and represents government contractors and subcontractors on a broad range of government contracting issues, including bid protests, contract claims, disputes, as well as government and internal investigations.

 

Representative Experience

  • Litigates bid protests before the Government Accountability Office (GAO) and U.S. Court of Federal Claims (COFC), including multiple GAO protests of Department of Health and Human Services’ (HHS) awards of Medicare Administrative Contractor (MAC) contracts.
  • Represents contractors proposed for suspension or debarment and contractors facing potential termination for default.
  • Litigates claims before the Armed Services Board of Contract Appeals (ASBCA). Assists in multi-year claim resulting in nine-figure settlement payment to contractor.
  • Conducts internal investigations and also represents contractors in investigations by inspectors general (IGs) of cabinet-level agencies, including representation during employee interviews by IG agents.
  • Counsels clients on compliance with the McNamara-O’Hara Service Contract Act (SCA).
  • Counsels clients in preparing and maintaining government contracts ethics and compliance programs and performs audits of existing compliance programs.
  • Represents pro bono clients in civil litigation, civil rights litigation, and Social Security appeals.

 

Professional Experience

  • Research Assistant, Professor M. Elizabeth Magill, University of Virginia School of Law (2007).

Reviews

AF
Aubrey F.

I appreciate all of the options you have for CLEs that are focused on government contracting. Please continue to provide options for FAR and/or DFAR based learning!

RS
Robert S.

Excellent program in all respects.

JR
James R.

Very good seminar. Speakers knew their subject matter.

DD
Davina D.

Eager for the comprehensive training. Thank you.

JB
Jessica B.

Detailed in-depth coverage of the topic

MH
Markie H.

Highly recommend this course!

LE
Linda E.

Excellent presenters. Session densely packed with material.

NK
Nikki K.

good presentation- very informative

JD
Jeffrey D.

Thanks!

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