CARES Act: It Ain't Money for Nothing – A Government Contractor's Guide to Mandatory Disclosures
Tuesday, June 2, 2020
In the final installment of a four-part webinar series, attorneys from Venable and a consultant from BDO presented CARES Act: It Ain't Money for Nothing – A Government Contractor's Guide to Mandatory Disclosures. The Coronavirus Aid, Relief, and Economic Security (CARES) Act includes provisions relevant to government contractors and their business operations in the wake of the COVID-19 pandemic. During this webinar, the panel discussed some best practices contractors and organizations can undertake to mitigate potential fallout due to disclosures of noncompliance with CARES Act-related funds and beyond. The panel also addressed the requirements of the mandatory disclosure rule, tips for developing and submitting a written disclosure, and how best to disclose potential issues to the government.
Speakers
Paul Debolt, Partner, Venable LLP
Spencer Williams, Associate, Venable LLP
Derek Shaw, BDO USA LLP
A Government Contractor's Guide to the Civil False Claims Act During the COVID-19 Pandemic
Tuesday, May 26, 2020
In the third segment of a four-part webinar series, attorneys from Venable and a consultant from BDO presented The Civil False Claims Act: What It Is and Why It Is Important Under the CARES Act. The Coronavirus Aid, Relief, and Economic Security (CARES) Act is unprecedented in the scope of financial relief offered to those impacted by the COVID-19 pandemic, which may give rise to allegations of fraud and misuse of funds. The Civil False Claims Act (FCA) is a well-established mechanism through which the government may pursue legal action if misuse of federal funds or property is suspected, including payments made to businesses, including contractors, under the CARES Act. Past disaster relief case law demonstrates that the U.S. government will take action against illegal conduct both civilly and criminally and can do so for years following allegations of misconduct, if necessary. Even without intentional wrongdoing, the government may second-guess actions taken by contractors during disaster relief efforts, potentially rendering expedient actions early in the pandemic difficult to defend. The CARES Act includes oversight mechanisms in addition to existing government oversight, through the Office of Special Inspector General for Pandemic Recovery, Pandemic Response Accountability Committee, and Congressional Oversight Commission.
Speakers
Paul Debolt, Partner, Venable LLP
Randy Seybold, Partner, Venable LLP
Caleb McCallum, Associate, Venable LLP
Erin O'Shea, Director - Industry Specialty Services - Government Contracts, BDO USA, LLP
A Government Contractor's Guide to Termination Settlement Proposals During the COVID-19 Pandemic
Tuesday, May 12, 2020
In the second segment of a four-part webinar series, attorneys from Venable and consultants from BDO addressed the ways in which government contractors can develop and submit termination settlement proposals. Terminations for convenience arising from the COVID-19 pandemic should not adversely impact a contractor's rating. An Office of Management and Budget (OMB) memo dated March 20, 2020 acknowledges that COVID-19 will impact the ability of some contractors to perform on existing contracts, requiring that the government take its business elsewhere. A memo from the Office of the Under Secretary of Defense on March 30, 2020 confirms that contractors will not receive an adverse rating if a termination for convenience can be linked to coronavirus-related issues.
Speakers
Paul Debolt, Partner, Venable LLP
Chelsea Knudson, Associate, Venable LLP
Aaron Raddock, Partner; Government Contracting Industry National Co-Leader, BDO USA, LLP
A Government Contractor's Guide to Maximizing Recovery on Certified Claims and Requests for Equitable Adjustments During the COVID-19 Pandemic
Thursday, April 30, 2020
In the first of a four-part webinar series, attorneys from Venable and consultants from BDO addressed the ways in which government contractors can initiate Requests for Equitable Adjustments (REAs) and/or claims with their government customers. With the COVID-19 pandemic impacting all areas of business, the Coronavirus Aid, Relief, and Economic Security (CARES) Act contains guidance on how government personnel can assist contractors on issues that arise during contract performance related to COVID. Additionally, various agencies have issued their own memoranda on how those agencies are responding to contractor needs and performance issues during this pandemic. These memos provide guidance on how government personnel should address performance delays or situations related to changes in performance, the health and safety of contractors, and paid leave costs and considerations, and offer guidance on ensuring traceability for reimbursed costs to contractors.
Speakers
Paul Debolt, Partner, Venable LLP
Emily Unnasch, Associate, Venable LLP
Aaron Raddock, Partner; Government Contracting Industry National Co-Leader, BDO USA, LLP