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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Tuesday, September 17, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will review the current provisions in the Federal Acquisition Regulation (FAR) that impact federal contractors, the anticipated changes to these provisions under new federal law, and measures and best practices to prepare for the updated organizational conflict of interest (OCI) regime.

Faculty

Steve Cave
Partner, Special Matters and Government Investigations
King & Spalding LLP

Mr. Cave represents government contractors in the statutory and regulatory interpretation of and application to state and federal contracts. He regularly counsels prime contractors and subcontractors on contract formation and administration. Mr. Cave's practice also focuses on assisting clients with the development of internal compliance programs, including policies & procedures and compliance audits.

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Lauren J. Horneffer
Associate
King & Spalding LLP

Ms. Horneffer is an associate in King & Spalding’s Special Matters and Government Investigations and Government Contracts practices. She represents a broad range of government contractors particularly those in the defense, consulting, and information technology space. Ms. Horneffer counsels contractors on a broad range of investigations and civil litigation. She supports transactional matters, such as mergers and acquisitions involving government contractors. Ms. Horneffer advises clients on compliance issues including small business issues, subcontracting, affirmative action, anti-corruption, and data rights. She assisted with bid protests at the agency level, as well as with the Government Accountability Office, and the Court of Federal Claims. Ms. Horneffer has also advised clients through internal investigations, claims, and termination disputes with the federal government. 

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Description

In federal contracting, OCIs that are not identified and mitigated can have serious consequences. If an OCI is determined to be present, it may prevent a contractor from obtaining a contract award or even result in the termination of a current contract.

The OCI provisions in federal acquisition have been in place for decades. FAR Subpart 9.5 provides the rules that govern OCIs, and case law has classified these OCIs into three categories. The rules are widely viewed as insufficient to cover many OCI scenarios.

Effective January 2023, the Preventing Organizational Conflicts of Interest in Federal Acquisition Act (the Act) mandates updates to the FAR provisions that address OCIs. The Act is intended to ensure that federal agencies can award contracts to organizations free of conflicts so that the work can be performed to protect the interest of, and maximize benefits to, the federal government.

Because of their importance, many federal contractors may already have robust controls to identify, avoid, and report OCIs. Nevertheless, all federal contractors should understand the risks and opportunities presented by the new law and upcoming new regulations. Contractors are likely to need to put in place policies and procedures focusing on the updated OCI provisions.

Listen as our panel of experts discusses current OCI rules, implications of the anticipated changes to the rules directed by the Act, and how counsel can help organizations that contract with the government prepare for the changes.

Outline

  1. What is an OCI?
    1. Significance to federal contracting
    2. Risks of failure to recognize, mitigate, or avoid an OCI
  2. FAR OCI regulatory scheme
    1. Three types of OCIs under FAR Subpart 9.5
      1. Biased ground rules
      2. Impaired objectivity
      3. Unequal access to information
    2. Insufficiencies and problems with FAR rules
  3. Preventing Organizational Conflicts of Interest in Federal Acquisition Act
  4. Anticipated reforms to OCI regulations: upcoming proposed rules
  5. Preparing for compliance obligations under the updated FAR

Benefits

The panel will discuss these and other key issues:

  • What are the three categories of OCIs under the FAR, and what are the deficiencies associated with these categories?
  • What does the Act require with respect to updating the OCI provisions in the FAR?
  • How can counsel help organizations that contract with the federal government prepare for the anticipated changes?