Business Ethics Compliance under the DCAA Microscope: How Far to Go in Disclosing Significant Overpayments, Mischarging, Defective Pricing and Subcontractor Awards

GOVERNMENT CONTRACT COST & PRICING
Tailoring Your Pre- and Post-Award Compliance Practices and Audit Preparation to New DCAA and DCMA Priorities

• Scope of DCAA mandate to conduct compliance audits
• Preparing contractor business ethics and conduct programs to meet DCAA expectations: How to ensure compliance with FAR 52.203-13 for commercial and non-commercial item contracts, small business contractors, subcontracts and contracts performed overseas
• Extent to which DCAA is requesting information on compliance that is broader than FAR mandatory disclosure requirements
• When a cost issue becomes a significant overpayment vs. a false claim
• When insignificant overpayments, mischarging and defective pricing need to be disclosed
• Identifying a "significant overpayment"
• Determining when "credible evidence" of a violation of federal criminal law or False Claims Act exists, and how far back you need to go to meet your disclosure obligations
• What triggers mandatory disclosures of subcontractor violations, and how to report violations
• Recent trends in mandatory disclosures: Frequency and scope of detail, and how much is too much
• Trends in penalty amounts and other outcomes of mandatory disclosures
• Reporting subcontractor awards: Reconciling reporting requirements with the need to safeguard proprietary information and trade secrets