GSA Schedule Contracts: Opportunities and Legal Risks

Complying With Complex Federal Regulations and Avoiding False Claims Act Violations

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, June 1, 2011

Recorded event now available

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Course Materials

This CLE course will provide guidance for counsel to companies pursuing or engaged in General Services Administration (GSA) Schedule contracts on the complex rules and requirements governing GSA contracting. The panel will offer best practices for developing internal controls to ensure and monitor contract compliance.

Description

The federal government, through its General Services Administration (GSA), spends billions of dollars annually contracting with commercial suppliers and service providers for the purchase of goods and services. Companies seeking to enter the federal marketplace often pursue GSA Schedule contracts.

GSA Schedule contracts can be lucrative for companies. However, there are risks due to complex legal and regulatory requirements and ongoing governmental scrutiny. Noncompliance with contracting rules has triggered a number of False Claims Act (FCA) lawsuits.

By carefully analyzing the potential risks prior to the contract award and establishing compliance processes and controls, companies can minimize the risk of noncompliance with GSA Schedule contract requirements and avoid FCA violations.

Listen as our panel of government contracts attorneys discusses recent legal developments in GSA Schedule contracting, explains the unique requirements and legal risks of entering into GSA Schedule contracts, and provides best practices for ensuring contract compliance and mitigating risk.

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Outline

  1. GSA Schedule contracting process
    1. Proposal process
    2. Prerequisites for obtaining GSA Schedule contract
    3. Pre-award audits
    4. Extension process
  2. Areas with high risk for non-compliance and recommended compliance strategies
    1. Commercial sales practices (CSP) disclosures
    2. Price reductions clause (PRC)
    3. Trade Agreements Act (TAA)
    4. Unapproved item sales
    5. Employee qualifications
  3. GSA Schedule contracting — recent developments
    1. Post-award audits
    2. Contractor assistance audits
    3. False Claims Act allegations
    4. Aggressive federal investigations

Benefits

The panel will review these and other key questions:

  • What are the key advantages of pursuing GSA Schedule contracts?
  • What are the potential legal pitfalls in GSA Schedule contracting?
  • What lessons can be learned from recent False Claims Act cases filed against or settled by GSA Schedule contractors?
  • How can GSA Schedule contractors and their counsel ensure compliance with the various relevant regulatory requirements and minimize legal risks?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

J. Catherine Kunz
J. Catherine Kunz
Partner
Crowell & Moring

Ms. Kunz's practice involves both counseling and litigating on behalf of clients in a range of government contract...  |  Read More

Holly A. Roth
Holly A. Roth
Partner
Manatt Phelps & Phillips

She advises clients on a broad range of federal, state, and local government contract, subcontract, federal assistance,...  |  Read More

Kevin J. Maynard
Kevin J. Maynard
Partner
Wiley Rein

Mr. Maynard represents clients in federal, state and local procurement matters, including contract claims and...  |  Read More

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