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Companies doing business with the Federal Government are faced with a plethora of new laws and regulations – some seemingly at odds with others. Congress has enacted hundreds of new provisions in the past four years in an expressed intent to "reform" the procurement process, but adding new layers of complexity. For example, non-FAR contracts such as Other Transaction Agreements (OTAs) are gaining in use, but is the use appropriate? For example, where are the boundaries between OTAs and procurement contracts? Are OTAs subject to review? Other provisions focus on allowing the government to make more use of e-commerce platforms, but with growing spending through those mechanisms that is not subject to, for example, cybersecurity requirements. Also, new proposals would increase regulation, such as new rules taking a more aggressive stance on acquisition of intellectual property and a persistent emphasis on cost-type contracts as a fraud deterrent. At the same time, the Section 809 Panel presented Congress with almost 100 recommendations on simplifying procurement to quickly put ‘lethality into the hands of the warfighter.” What has Congress done, or will it do, with these recommendations. The False Claims Act ("FCA") is increasingly used to enforce contract terms and to interpret regulations, yet the impact of the FCA on acquisition is seldom addressed. This program will bring leading government contracts law practitioners and policy makers together for an in-depth discussion of important business considerations involved in participating in this market, recent trends, and best practices for companies operating in the Federal government space. This program is designed for both companies and government agencies, and their counsel that are endeavoring to understand the rapidly changing marketplace.
- New and pending policy, and regulatory changes and risks that contractors face.
- Overview of dispute resolution with the Federal government and what the judiciary sees as important recent decisions that the government contracting community should be following.
- Transparency and reporting requirements — do mechanisms touted as "simplification" reduce transparency? If companies do not know what the Government's requirements are, how will they compete?
- Is the effort to "commercialize" acquisition actually reducing competition?
- Is the False Claims Act the fall back for addressing a perception that the process is not fair or transparent?
- Are recent proposals actually making it more difficult for companies to do business with the Government, i.e., risks to intellectual property?