Suspension and Debarments Continue to Increase
Joe Jordan, recently appointed Administrator of the Office of Federal Procurement Policy wrote in his blog that “It is critical that the government take a hard line against those who would defraud taxpayers.” This is much more than rhetoric because Mr. Jordan went on to cite statistics released by the Interagency Suspension and Debarment Committee indicating the suspensions and debarments have increased from approximately 1,900 in GFY 2009 to Continue reading »
Aggressive Enforcement of the FCPA to Continue.
Lanny Breuer, Assistant Attorney General in the Department of Justice (DOJ) announced that the Department of Justice will continue its aggressive enforcement of the Foreign Corrupt Practices Act (FCPA). The FCPA is a federal law that prohibits U.S. companies and individuals from making Continue reading »
Mind Your Reps & Certs!
In this environment of transparency in government contracting, it is now more important than ever to ensure that all of your representations and certifications are accurate and truthful. Platinum One Contracting has agreed to pay the United States $200,000 for filing false representations. In order to obtain set-aside contracts, Platinum represented that it was Continue reading »
Are You Ethical Enough for Government Work? Register to Gain Free Insight on 10/6/10
Government contractors are now subject to unprecedented scrutiny. Conducting business in an ethical manner has never been more important. Years of success in the government contracting market, as well as personal reputations, can be ruined by one ethical lapse.
The government recently imposed significant new ethics and compliance requirements designed to prevent and detect improper conduct. Join Aronson & Company’s Tom Marcinko and Ethical Advocate’s Jacob Blass for a complimentary webinar on October 6, 2010, as they discuss the requirements contained in the “Contractor Code of Business Ethics and Conduct”, FAR Subpart 3.10 and FAR clause 52.203-13. The discussion will include:
- Which contractors are exempt from the requirements
- Differing requirements for large versus small businesses
- Codes of Conduct
- Mandatory Disclosure
- Internal Controls
- Training Options and Advantages
- Benefits of an Ethical Environment Continue reading »
2010 Resolution Recap
During the first weeks of 2010 we shared our second annual “New Year’s Resolutions” for government contractors to get on track, get in compliance, and get ahead. Did you catch it? If not, don’t worry – you can access the 2010 and 2009 resolutions under Categories: New Year’s Resolutions. While you’re here, subscribe to our Fed Point RSS Feed – and have the news delivered directly to you! (Click here to learn more about RSS).
Here’s a 2010 resolution recap:
- Resolution #1: We Will Avoid Jeopardizing Contract Awards by Getting Our Accounting System Approval–Ready
- Resolution #2: We Will Complete Required Contract Reporting Accurately and On-Time (Subcontractor/ Stimulus/ VETS100/ eVerify Reporting)
- Resolution #3: We Will Assess Our Tax Risks and Support Our Tax Accounting Positions
- Resolution #4: We Will Review our Pricing Annually to Avoid GSA Schedule Price Reductions Ramifications
- Resolution #5: We Will Ensure our Compliance Program is Robust Enough for Government Work (Code of Business Ethics and Conduct)
- Resolution #6: We Will Eliminate Redundant Work and Erroneous Reporting (Deltek)
- Resolution #7: We Will Stay the Course and Protect Our Most Valuable Assets to Ensure Long-Term Success (Insurance)
- Resolution #8: We Will Finance Our Business More Effectively – Best Practices for Managing Loan Covenants
- Resolution #9: DCAA Hot Button – Bonuses
- Resolution #10: We Will Be Ready for the Inevitable Government Contracting Economic Crisis
Looking for more information or assistance implementing any of these items? Contact Aronson & Company – Hope Lane, Lead Officer, Government Contract Consulting Practice at 301.231.6266 or Pete O’Neill, Officer, GSA Schedules Group at 301.222.8226.
DOJ Gains Powerful Tool to Investigate Contractors
Congress has granted the Department of Justice (DOJ) expanded powers to investigate potential contractor false claims. In 1986 Congress authorized the Attorney General to issue “Civil Investigative Demands” (CID) in furtherance of false claims investigations. A CID is in essence a subpoena which allows the investigators to:
(1) demand copies of relevant documents,
(2) require written answers to interrogatories, and
(3) compel depositions.
In the more balanced culture of the 1980′s Congress recognized that granting investigators subpoena power outside of the checks and balances inherent in the Judicial system created the potential for abuse. So Congress included the following procedural safeguards;
(1) each CID had to be personally approved by the Attorney General,
(2) Dissemination of the acquired information was limited to DOJ officials and members of Congress, and
(3) Dissemination of the information to other Government agencies required the approval of a U.S. District Court Judge and the showing of substantial need.
As a result of these safeguards, CIDs were used infrequently. However, the “balanced view” of the 1980′s has now become more enforcement oriented. As evidence of this shift, in 2009 Congress enacted the Fraud Enforcement and Recovery Act which eliminated most of the CID safeguards and granted DOJ additional investigative powers. Continue reading »
Resolution #7: We will not have a single ethical or compliance failure in 2009!
In today’s environment of increased oversight, this is an extremely important resolution. The success of your company may depend on it. Regulations have recently been promulgated that require most government contractors to adopt a Code of Business Ethics and Conduct, promote compliance with the Code, adopt suitable internal controls, and to disclose any violations of Federal law to the authorities. Here is a link to our most recent blog post on this subject.
Nov 13, 2008 – FAR Council Issues Final Contractor Ethics Rule
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What We Are Writing
- A Marriage of Inconvenience: GSA Schedule Contracts & The Contractor Code of Business Ethics & Conduct Clause
- Emerging Small Businesses: To Grow Your Business, You Must Plan For Growth
- Government Contracting: Look Before You Leap!
- GSA Schedules – Strategies for Success
- New Employee vs. Independent Contractor Considerations
- Pay on Display – Understanding the Executive Compensation and Subcontractor Data Reporting Requirements & Ramifications
- The GSA Schedule: Your Ticket to the Federal Market (May 2010)
- The New FAR Codes of Conduct and Compliance Program Provisions
- The Seven Deadly Sins (of contract compliance)