Exposure
Contracting with the United States Government is ripe with opportunities and froth with potential exposure to administrative, civil and criminal liabilities. Noncompliance with the contract requirements, Federal Acquisition Regulations, and applicable statutes can result in a loss of revenue. More troubling, however, is the prospect of criminal and civil liability on the part of officers and employees as well as the corporate entity.
Compliance with the complex laws and regulations related to contracting with the government is not always intuitive. Nonetheless, the expectation of the government is that the contractor not only familiar with all of the mandates, but is in strict compliance with those requirements as well.
Experience is the Difference
The McCahon Group has extensive experience in developing and implementing compliance plans for government contractors. The principal of the Group, Sam McCahon, has represented the U.S. Government and contractors for more than fifteen years in the investigation of, and response to, procurement irregularities and compliance issues. As a former Assistant in the Office of the United States Attorney, District of Columbia and Eastern District of Missouri, he has also represented the United States in the investigation and prosecution of allegations of procurement fraud. Additionally, Mr. McCahon’s experience includes representing the U.S. Army as a Procurement Fraud Advisor and Trial Attorney. While serving as a trial attorney he developed compliance plans for contractors to follow in order to avoid debarment actions. He has also developed and implemented compliance plans for contractors participating in the Iraqi Reconstruction effort.
Compliance Program Development
An effective compliance program consists of three phases: 1) A vulnerability review is performed where an assessment is conducted regarding the contractor’s existing vulnerabilities; 2) A review of policies is initiated to determine what polices are deficient or non-existent that are necessary to comply with the U.S. laws, regulations and policies related to acquisitions; and 3) staff are trained and the program is implemented.
A comprehensive compliance program is necessary for any contractor who wants to avoid the adverse consequences of being in noncompliance with applicable government contract laws, regulations and policies. The three phased plan referenced above can, and should be, tailored to the operations and circumstances of the respective contractor.
The McCahon Group uses attorneys to conduct the vulnerability reviews. Consequently, the findings of the assessment as well as the implementation efforts are considered privileged information and not subject to disclosure to anyone other than the client.
For inquires regarding assistance in the development of compliance programs for your company, please send an e-mail to Compliance@MccahonGroup.com or you may call Jordan (962) 79695 5464; Iraq (964) 790 121 0742 or in the United States (202) 973-0167.