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A Rule Change A Day: Inside Counsel's Guide to Government Contracting Under the New Administration May 20, 2009

A Rule Change A Day: Inside Counsel's Guide to Government Contracting Under the New Administration May 20, 2009. Presented by : WMACCA Sponsored by : Womble Carlyle Sandridge & Rice, PLLC. Introduction. New Administration

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A Rule Change A Day: Inside Counsel's Guide to Government Contracting Under the New Administration May 20, 2009

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  1. A Rule Change A Day: Inside Counsel's Guide to Government Contracting Under the New AdministrationMay 20, 2009 Presented by: WMACCA Sponsored by: Womble Carlyle Sandridge & Rice, PLLC

  2. Introduction • New Administration • Rapid pace of changes: Executive Orders, Presidential Memos, and Regulations • Affecting compliance obligations, funding, transparency, reporting and disclosures, labor, and oversight • Impact on prime contractors and subcontractors

  3. E-Verify • Federal contractors to use Department of Homeland Security E-Verify system to check immigration status of its employees • Implementation delayed to June 30, 2009 • Predictive issues

  4. Mandatory Disclosure • FAR Parts 3 and 9 • No exceptions • Flow down to subcontractors • "Credible evidence" • Conduct background checks? • Enforcement cart before the notification horse • How the new process is working • Tips for Practitioners

  5. Organizational and Personal Conflicts of Interest • FAR case still open • Agencies and Congress aren't waiting on final rules • What is required?

  6. In-Sourcing • Included in DoD Budget • Government is hiring away contractor employees • How do you protect your revenue sources? • Is there a right of action? • Does it cause the contractor problems to convert employees on short notice?

  7. Notices Regarding Labor Organizing • 29 CFR Part 470 • What information can and can't be distributed now? • Revoked ruling on "Beck notices" • Obama order issues a broader mandate to notify contractor employees of all their rights under the NLRA

  8. Buy American Under the Stimulus Act • FAR Subpart 25.6 • What is covered? • Interim Rule for Stimulus • Compliance • Impact on contracts • Consequences

  9. COTS Waivers of Buy American Act • FAR Subparts 12.1, 12.3, 12.5 and DFARS Part 225.1 • Benefit • Clearing up of former rules • COTS products not subject to cost of components test • Will these waivers make sale of COTS easier?

  10. Successive Service Contract Hiring Requirements • E.O. 13495 requires first right of refusal for incumbent employees with successive service contractor • Clinton Administration version applied only to recurring services relating to public buildings • Sanction: Debarment • Prime Contractor vs. Subcontractor • Impact on pricing proposals and transition

  11. Revolving Door Restrictions • Within 2 years of leaving DoD, former DoD officials must now get ethics opinions before taking compensation from a defense contractor • Sanctions for contractor violation -- termination, suspension or debarment • How to document and comply? • Contract Clause

  12. Reporting Requirements for the Stimulus • American Recovery and Reinvestment Act (ARRA or Stimulus Act) • Prime contractors must submit detailed public reports on • Services they are providing • Jobs they are creating • Completion dates • Invoice amounts • Quarterly reports • http://www.federalreporting.gov/ • No exemptions

  13. Questions? Contacts: Jim Kearney, Womble Carlyle: jkearney@wcsr.com Mike Love, CSC: mlove9@csc.com Emily Murphy, TerreStar National Services: emily.murphy@terrestar.com Holly Svetz, Womble Carlyle: hsvetz@wcsr.com

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