FAR2009 - Understanding the New FAR Mandatory Disclosure and Other Compliance Requirements for Federal Contractors
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Understanding the New FAR Mandatory Disclosure and Other Compliance Requirements for Federal Contractors
(Archived CD of the January 21, 2009 live webinar)
Federal Acquisition Regulation (FAR) changes, effective December 12, 2008, require mandatory disclosures and specific requirements for ALL contractors working on federal government projects over $5 million. Among these requirements are adoption of "Codes of Business Ethics and Conduct," implementation of training programs and internal control systems designed to prevent and/or detect fraud. Failure to comply could result in suspension or debarment, adverse performance assessment and termination for default and damages.
If you work on government projects, are you familiar with the new requirements and have you made the necessary changes to your business processes? This seminar will help you learn how to perform gap analyses/risk assessments to determine whether your programs meet the new requirements, and if not, how to make appropriate changes to stay in compliance. Some of the issues that will be covered include the following:
- What you need to do to comply with these requirements – looking back three years and looking forward
- The most controversial and misunderstood parts of the new rules
- Detailed explanation of required disclosures of certain crimes, False Claims Act violations and overpayments
- What contractual clauses can be used to reduce risk
- Learn about grace periods to implement a code of ethics awareness and compliance program and a training and internal control system
- How the changes will flow down to subcontractors
- And, much more!
Don’t be placed at risk for non-compliance. This 90-minute seminar will give you the resources you need to avoid pitfalls that the new FAR changes could bring to your business.
Christopher A. Myers is chair of Holland & Knight's Compliance Services Team and a member of the firm's White Collar Defense Team. He is a former federal prosecutor and has experience in a broad range of complex matters affecting heavily regulated industries, including health care, government contracts, financial institutions, real estate and securities. He has represented clients with respect to matters involving civil and criminal fraud investigations, corporate governance, anti-money laundering, design and implementation of compliance programs and administrative litigation. Mr. Myers is certified as an Anti-Money Laundering Specialist and as a Certified Compliance & Ethics Professional.
Mr. Myers' experience has included representation of companies and individuals in responding to civil and criminal investigations conducted by state and federal enforcement authorities; working with clients to identify areas of risk and designing and implementing compliance programs to protect against those risks. He has also developed materials and conducted employee and management training on compliance issues. Mr. Myers has conducted internal investigations to determine potential exposure of clients to enforcement actions and made recommendations on how to respond to a variety of compliance and enforcement issues, including participation in the government's voluntary disclosure programs. Mr. Myers has also defended clients against civil and criminal enforcement actions and claims involving both state and federal authorities. Other matters with which Mr. Myers has experience include advice regarding duties and responsibilities of senior officers and boards of directors. He writes frequently on enforcement and compliance issues and conducts seminars for clients and other organizations on these issues.
In addition to his practice, Mr. Myers has been a faculty member at a wide variety of continuing legal education and law school programs relating to enforcement and compliance issues, trial and deposition practice and the use of expert witnesses. From 1979-84, Mr. Myers served as an Assistant United States Attorney for the District of Columbia. Mr. Myers has been in private practice handling both civil and criminal litigation since 1984.
Stephen B. Shapiro focuses on the practice of construction law, public contracts and commercial litigation. Building on his experience representing contractors, public and private owners, architects, engineers and construction managers, he has developed extensive legal experience in all aspects of construction procurement, administration, claims, government contract and construction litigation, proposal preparation, bid protests, contract management, regulatory compliance and subcontractor, supplier and surety relations. Mr. Shapiro also has significant experience with legal issues arising from building defects and mold.
Mr. Shapiro is admitted to practice law in the Commonwealth of Virginia, District of Columbia and State of New York. Mr. Shapiro is a member of the Board of Directors of the Associated General Contractors of Metropolitan Washington, DC and is a frequent speaker on topics that are relevant to the construction industry. He also has published numerous professional articles and contributed to several industry text books.
Mr. Shapiro earned his B.A. in 1984 from the University and his J.D. in 1987 from The George Washington University Law School. He has been recognized as one of America's leading business lawyers in the area of construction for 2007 by Chambers USA. of Maryland
Steve A. Linick Since September 2006, Mr. Linick has been serving on detail at the request of the Assistant Attorney General for the Criminal Division of the Department of Justice in dual roles as Executive Director of the National Procurement Fraud Task Force and Acting Deputy Chief of the Fraud Section at the Criminal Division of the Department of Justice. As Acting Deputy Chief of the Fraud Section, Mr. Linick manages and supervises the investigation and prosecution of complex and nationally significant white-collar criminal cases involving procurement fraud, public corruption, investment fraud, telemarketing fraud, mortgage fraud, money laundering, and corporate fraud, among others. In October 2008, Mr. Linick received the Attorney General's Distinguished Service Award for his efforts in leading the Department's procurement fraud initiative.
Mr. Linick has been an Assistant United States Attorney since 1994, first in the Central District of California (1994-1999), and then subsequently in the Eastern District of Virginia (1999-present). Between 2002 and 2006, Mr. Linick was the health care fraud coordinator in the U.S. Attorney's Office for the Eastern District of Virginia.
Mr. Linick earned his bachelor's and master's degrees and his JD from Georgetown. University
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