Compliance in Federal Procurement

It is said that the United States government is the largest single purchaser of products and services in the world. With approximately one out of every ten dollars of federal government spending going to contractors, working on a federal contract can provide significant financial opportunities for businesses of all sizes. So too can being a subcontractor on a contract with the government. Critically, as financially beneficial as federal procurement opportunities may be to a business, the attendant compliance and ethical risks may be still more impactful.

Government contracting is highly regulated, and government contractors are expected to conduct themselves with "the highest degree of integrity and honesty." Failure to abide by legal or contractual requirements—or even, to take compliance and ethical issues seriously and address them proactively—can lead to staggering repercussions. These include criminal, civil, and contractual ramifications, not to mention reputational damage and the loss of business opportunities. At a minimum, addressing government inquiries, whistleblower lawsuits, or the allegations of disgruntled employees can require a business to invest tremendous time, attention, and resources (e.g., the accrual of substantial attorneys’ fees and costs).

This program is intended for attorneys of all levels who want an overview of the compliance and ethical risks facing federal contractors. This program will discuss some of the key compliance obligations facing companies that sell goods or services to the U.S. Government. Additionally, this program will address the potential risks of non-compliance. Topics will include the False Claims Act (FCA), mandatory disclosure rule, and suspension and debarment.

Learning Objectives:

• Explain the significance of compliance and ethics for federal contractors
• Identify key government contracting compliance issues and obligations
• Explore the consequences of potential or actual non-compliance with legal or contractual requirements
• Develop best practices