Post on 30-Dec-2015
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© Sheppard Mullin Richter & Hampton LLP 2012
Everything You Always Wanted To Know About Government Contracts Compliance In Five Easy Slides
Jonathan S. AronieJune 4, 2013
“It takes 20 years to build a reputation, and five minutes to ruin it. . . . .” -Warren Buffett
Five High Risk Areas
Country of Origin Rules
GSA Schedule Price Reductions Clause
Mandatory Disclosure Rule
Labor Qualifications Requirements
Gifts & Gratuities Rules
“A child of five would understand this. Send someone to fetch a child of five.” -Groucho Marx
Five Risks of Non-Compliance
Breach of contract action
Termination
False Claims Act violation
Suspension/debarment
Criminal prosecution
“I busted a mirror and got seven years of bad luck, but my lawyer thinks he can get me five.” -Steven Wright
Five Unfortunate Developments
COs are far less willing to be creative
GSA has elevated price over value
Fiscal constraints are stressing Government and industry
Relators (plaintiff whistleblowers) are bolder
DCAA is more aggressive (if that is even possible)
Five Best Practices
Understand the terms of your contracts, and internalize them
Develop an effective compliance program that includes written policies, training, and monitoring
Reward compliance and discipline non-compliance
Keep good records
Demonstrate management commitment to compliance (tone at the top)
Five Rules For Healthy Living
Do not steal. Do not lie. Do not deceive.
Never do anything you wouldn’t want to see on the front page of the NYT.
Turn square corners.
Get it in writing.
Remember: You can’t be justa little pregnant
“Every man is a fool for at least five minutes every day; wisdom consists of not exceeding the limit.” -Elbert Hubbard
QUESTIONS?Jonathan S. Aronie
202.218.0039jaronie@sheppardmullin.com
“At my lemonade stand, I used to give the first glass away free and charge five dollars for the second glass. The refill contained the antidote..” -Emo Phillips