Learn the latest on Public Contracting & Ethical Considerations with this convenient, 24/7 On-demand Downloadable Seminar & Complimentary Podcast. Register to obtain CLE & MCLE credit, receive access to course & reference materials, and attend this on-demand seminar. YOU MAY LISTEN FROM ANY TYPE OF COMPUTER OR IPOD. You may listen to the seminar as many times as you wish over the next 3 years.
Public Contracting & Ethical ConsiderationsBenefits:
90-Minute On-demand Downloadable Seminar & Complimentary Podcast
Includes Access to 85 pages of course & reference materials.
Listen & learn at your convenience
Register for CLE & MCLE credit - specific credit hours are listed at the bottom of this page.
Today, the surplus in government expenditures coupled with the soft economy have resulted in a large increase in the number of private companies and individuals looking to contract for government projects. Unlike traditional commercial contracts, where the buyers and sellers have a good deal of flexibility in shaping the terms and conditions of the agreement, local, state, and federal governments are much more standardized. Government contracts contain dozens of prescribed clauses that may not altered by the contracting government officer or the private party and counsel. Attorneys representing potential bidders in the award or administration of a government contract must understand the rights and obligations under these clauses as well as unique ethical considerations. This course will provide a detailed analysis of the most important clauses found in Federal Government contracts, the domestic source restrictions in federally-funded product sales, the General Services Administration (GSA) schedule contracting, the False Claims Act, and underscore the ethical considerations involved in the public contracting process. In addition, our nationally recognized instructors will also cover the essentials of government contracting at the local and state level. Agenda:GSA Schedule Contracting Issues & Ethics
1. Background on Federal Government Contracting
2. Unique Compliance Obligations for GSA Schedule Contractors -- including Commercial Pricing Disclosures, Price Reductions Clause, and Trade Agreements Act Requirements
3. GSA Oversight and Audits
4. Recent Enforcement Actions against GSA Schedule Contractors
5. How to Avoid Fraud and Contract Non-compliance Issues Protectionism in Government Contracting: How to Handle the Myriad of Domestic Source Restrictions in Federally-Funded Product Sales
1. What are the most common restrictions? BAA, TAA, Berry, Specialty Metals, ARRA, FAA, FTA, FHWA, CWA
2. What's on the horizon? WRDA
What's the difference? From 100 percent US content and production, to merely final assembly, and everything in Between
4. How do you protect your clients? Know your product and supply chain and try to learn who is buying and where the fed money comes from.
What do you do when your customer doesn't know or gives conflicting information? Give it a good faith effort and cross your fingers. Conflicts of Interest and False Claims Act
1. Organizational Conflicts of Interest (OCIs) and Personal Conflicts of Interest (PCIs)
2. Recent GAO and Court of Federal Claims OCI Decisions
Recent Proposed OCI and PCI Proposed Rules (including April 2010 DFARS Proposed Rule in response to Weapon Systems Acquisition Reform Act)
4. New Department of Labor regulations SCA Non-Displacement of Qualified Workers Proposed Rule
5. Changes to the False Claims Act
6. Fraud Enforcement Recovery Act of 2009
7. Public Disclosure Bar - Recent Supreme Court Case Prof. Mashburn on Ethical Considerations in Public Contracting
1. Boundaries of Zealous Advocacy
2. Ethically Managing Expectations of Client
3. How does Payment of Fees Affect Confidentiality?
4. Determining Which Ethical Rules Apply
5. Business Relationships between Attorney and Client
6. Special Issues with Trust Funds in Public Contracting Representations Recorded Question & Answer Session Biography of Seminar Faculty:
1. J. Catherine Kunz
is a partner in the Washington office of Crowell & Moring. Ms. Kunz is a member of the firm's Government Contracts group. Her practice involves both counseling and litigating on behalf of clients in a range of government contract law areas, including GSA Schedule contracting, contract claims and disputes, fraud and abuse, cost accounting issues, purchasing and subcontracting, and federal health care contracting. Ms. Kunz also represents clients in qui tam actions under the False Claims Act and in bid protest, and counsels clients on government audits, procurement ethics, compliance programs, contract administration, and specialized government acquisition programs, including Federal Employees Health Benefits Program contracts and National Park concession contracts. Ms. Kunz also has experience counseling clients on federal grants administration and audit matters.
Ms. Kunz has litigated before the Armed Services Board of Contract Appeals, General Services Board of Contract Appeals (now part of the Civilian Board of Contract Appeals), Government Accountability Office, and Federal District and Appellate Courts. She is a member of the Public Contract Law Section of the American Bar Association. Ms. Kunz received her B.A. with honors and distinction in Human Biology from Stanford University in 1993. She graduated from Duke University School of Law in 1999, where she served as Editor in Chief of the Alaska Law Review and Editor of the Duke Environmental Law Journal. Ms. Kunz also earned a Masters of Environmental Management from the Nicholas School of Environment at Duke University in 1999.
2. Eric W. Leonard
is a partner at Wiley Rein, where he 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. He is a graduate of the George Washington University Law School and Johns Hopkins University.
3. Amy R. Mashburn
is a Professor of Law at the University of Florida College of Law, where she teaches and writes on professional responsibility, legal ethics, civil procedure, and administrative law. She is a member in the Standing Committee on Professionalism as well as the Professionalism Ethics Committee. She is a graduate of the University of Florida College of Law.
4. Jeff Belkin
is a partner at Alston and Bird’s Atlanta and Washington, D.C. offices, and is the leader of the firm’s Government Contracts Practice Group. Mr. Belkin has represented Fortune 500 companies, small contractors and subcontractors in negotiations of federal, state and local prime contracts, subcontracts and teaming agreements. He also routinely serves as lead counsel in procurement protests before federal, state and municipal protest bodies, and pursues and defends contract claims in each of those jurisdictions. Mr. Belkin also handles contractor False Claims Act and qui tam investigations and lawsuits, including successfully resolving GSA defective pricing and SBA false certification investigations. With this broad experience as background, he has helped numerous commercial companies translate their business model to the government’s growing demands for products, services and construction while helping clients remain compliant with the many obligations impacting companies paid with taxpayer funds. Mr. Belkin is a graduate of the University of Virginia School of Law and Duke University. Who should attend this seminar?
Attorneys, paralegals, and legal professionals.
Only registered attendees will receive CLE credit for attending this course. Sign-up today to listen & learn with this 24/7 On-demand Downloadable Seminar & Complimentary Podcast! CLE ACCREDIATION: The Rossdale Group, LLC is a national leader in attorney education and has trained thousands of attorneys, paralegals, and other legal professionals.
Attend this on-demand seminar & podcast for CLE & MCLE credit with the following pending & approved jurisdictions:
1. Alaska State Bar for 1.5 CLE credits (including 0.75 Ethics credits)
2. State Bar of California for 1.5 MCLE credits (including 0.5 Ethics credits)
3. The Florida Bar for 2.0 CLE credits (including 1.0 Ethics credits)
4. Georgia Bar for 1.5 CLE credits (including 1.0 ethics credits)
5. Mississippi Commission on Continuing Legal Education for 1.5 CLE credits (including 0.8 ethics credits)
6. The New Mexico Minimum Continuing Legal Education Board for 1.5 CLE credits (including 0.5 ethics credits)
7. The New York State Bar for 1.5 CLE credits (including 0.75 ethics credits)
8. The Utah State Board of Continuing Legal Education for 1.5 MCLE credits (including 0.5 Ethics credits)
9. The Washington State Board of Continuing Legal Education for 1.5 MCLE credits (including 0.5 Ethics credits)
10. The Wisconsin Board of Bar Examiners for 1.5 CLE credits
11. The Wyoming State Bar for 1.5 CLE credits (including 0.5 Ethics credits)
Additional states - call customer service at (888) 626-3462 REGISTER FOR CLE CREDIT AND LISTEN & LEARN AT YOUR CONVENIENCE WITH THIS 24/7 ON-DEMAND DOWNLOADABLE SEMINAR.
You will receive an on-demand download of the seminar, accompanying materials, and information to report the CLE credits as soon as you register with a credit card or when we process your check.