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The COVID-19 pandemic and resulting economic crisis have disrupted businesses across all regions and industries and government contractors have not been immune. Congress provided a path for government contractors to seek relief through the CARES Act, specifically section 3610. Government agencies have scrambled to craft actionable guidance for contracting officers and the contracting community. DoD has been at the forefront of this effort, issuing the most comprehensive guidance to date. In this on-demand webinar, we dissect the regulatory approach taken by agencies in implementing section 3610, emphasizing DoD’s approach. We will focus on cost recovery, tease relevant clues and cues from contract clauses and case law, and post warning signs where we see potential compliance and audit pitfalls.
Join Baker Tilly and Arnold & Porter to explore and map the labyrinth of agency guidance implementing section 3610, from broad pronouncements to complex and detailed rules, clauses, and checklists.
Learning Objectives:
By the end of this webinar, you should be able to:
- Describe CARES Act section 3610 and its applicability
- Explain DoD implementation guidance, including the DFARS class deviation, associated FAQ, and its detailed checklists to guide submission and review of requests for relief
- Describe guidance from the Office of Management and Budget, General Services Administration, and other key stakeholders and summarize any pending legislation of which contractors should be aware
- Identify areas that are potentially ripe for audit scrutiny and thus should be a focus for contractors seeking reimbursement
- Highlight pre-existing authorities, including contract clauses and case law, that may prove important to claims for relief
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Joseph McCaffrey
Partner, Baker Tilly
Joseph is a partner in the government contractor advisory services practice of Baker Tilly. Joseph has more than 15 years of experience advising and supporting government contractors. Joseph has advised clients in the aerospace, healthcare, construction, security services, manufacturing, technology and professional services industries on a wide range of business issues and regulatory compliance matters, specializing in contract accounting & pricing, claims, internal controls & business systems and other regulatory compliance matters.
Education Wake Forest University Master of Science in accountancy Bachelor of Science in accountancy
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Michael McGill
Partner, Arnold & Porter
Michael McGill represents clients across virtually all industry sectors that do business with government customers (including aerospace and defense, technology, healthcare, pharmaceuticals, energy, and professional consulting) and in nearly all aspects of procurement and contracting law. He has experience handling some of the most complex litigation and transactional matters in this area. Mr. McGill regularly litigates high-stakes bid protests, contract claims against government agencies, prime-subcontractor and teaming disputes, and other contentious matters related to government contracting at the federal and state levels. He has litigated before the Government Accountability Office (GAO), US Court of Federal Claims (COFC), Armed Services and Civil Boards of Contract Appeals, and the Federal Aviation Administration Office of Dispute Resolution for Acquisition (ODRA), among other forums, achieving favorable results for clients through various forms of alternative dispute resolution (ADR) in addition to litigation. Mr. McGill also frequently advises clients in connection with mergers and acquisitions and other transactions involving government contractors. He counsels clients on the unique issues associated with buying, selling, and merging such companies, including small business preference programs, mitigation of foreign ownership and control (FOCI), allocation of intellectual property rights, and the novation and post-transaction integration processes. Mr. McGill defends clients facing allegations of fraud and misconduct, and helps clients navigate Defense Contract Audit Agency (DCAA) audits, Department of Justice (DOJ) and agency Office of Inspector General (OIG) investigations, and suspension and debarment actions. He counsels clients on a wide spectrum of compliance and regulatory issues associated with competing for and performing government contracts (e.g., False Claims Act, Procurement Integrity Act, mandatory disclosures, Multiple Award Schedule contracting, sourcing preferences, fiscal law, terminations, organizational conflicts of interest, "revolving door" rules, and ethical standards that apply to federal agencies and employees). He has been recognized for his accomplishments in Chambers USA, The Legal 500, Washington, DC Super Lawyers, and named to Law360's Government Contracts MVPs list.
JD, Washington and Lee University School of Law, 2002, magna cum laude, Order of the Coif BA, Pennsylvania State University, 1999, cum laude
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Paul Pompeo
Partner, Arnold & Porter
Paul Pompeo counsels a wide range of companies in contract formation, performance, and compliance. Much of his practice focuses on accounting, cost and pricing: Cost Accounting Standards (CAS), the Truthful Cost or Pricing Data Act (formerly TINA), Federal Acquisition Regulation (FAR) cost principles, and Defense Contract Audit Agency (DCAA) audits. He also represents clients in dispute resolution: claims, appeals (before the ASBCA, CBCA, and Court of Federal Claims), and alternative dispute resolution (ADR), as well as bid protests and Competition in Contracting Act (CICA) overrides. He has successfully represented contractors in precedent-setting CAS cases, many involving benefits issues, litigated a seminal Limitation of Cost clause case, and litigated a series of cases establishing law fundamental to the statute of limitations. He also has experience with Foreign Military Sales (FMS), counsels clients on mergers and acquisitions, financing, appropriations, and contract negotiations, and advises research universities, educational institutions and FFRDCs on compliance with issues stemming from grants and agreements. In addition, Paul handles various fraud matters and internal investigations. He is included in Chambers USA: America's Leading Lawyers for Business for Government Contracts. Paul served as vice president and general counsel, Government Division of Johnson Controls, Inc., and as Ethics Officer. Accordingly, he has an acute sense of clients' needs and how outside counsel can best serve its customer. Paul is a member of the firm's Hiring Committee, and is a past-chair of the firm's LGBT affinity group.
LLM, George Washington University Law School, 1991 JD, Catholic University of America, Columbus School of Law, 1988 BS, State University of New York at Albany, 1985, magna cum laude
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