Programs and Events

Navigating the Regulatory Minefield

Tuesday, April 6, 2010

8:00am - 11:00am
$45.00 Members, $45.00 Nonmembers
Westin Waltham-Boston, Waltham MA

Registration, Networking & Breakfast: 7:00 am

Seminar: 8:00 - 11:00 am

Navigating the Regulatory Minefield

A contractor participating in public construction must be more vigilant than ever to successfully navigate through the minefield of governmental regulations and requirements.  The consequences of non-compliance can be severe from not only a financial perspective but can also result in debarment and criminal prosecutions.

AGC, ABC, ASM, CIM and UCANE recognize the significance of this area and have sponsored this program to present speakers from the government agencies who administer and enforce these regulations to provide guidance as to what is expected and what needs to be done to remain compliant to avoid violations and prosecutions.

Presenters:

Charles E. Schaub, from Hinckley, Allen & Snyder LLP will provide an introduction and moderate the program.For 35 years, Chuck has been involved in many diverse facets of public and private construction of all types while representing contractors and subcontractors, including matters involving regulatory compliance.

Ted Doherty is the Special Agent in Charge of the U.S. Department of Transportation, Office of Inspector General, whose office is responsible for conducting investigations impacting all departmental programs throughout New England. Many of these investigations are in the construction fraud area. The presentation will provide an overview of DOT/OIG's investigative mission, with an emphasis on the prevention of fraud within DOT programs.  SAC Doherty's presentation will focus on the work of the U.S. DOT-OIG that includes case studies concerning bribery, false statements and false claims.  The presentation will also provide examples of "red flag” indicators of fraud.

Jeffery Cohen (INVITED) is the Assistant U.S. Attorney who is primarily responsible for the prosecution of contractors indicted for violation of procurement laws.  Jeff will discuss the factors which will influence a decision to proceed in a criminal prosecution as contrasted to seeking civil remedies.

James T. McKinlay III is General Counsel for the Massachusetts Office of the Attorney General and is the head of the Stimulus Oversight and Prevention of Fraud (“STOP”) Task Force.  Jim will provide an overview of this group and how it would impact on contractors’ operations.  The task force was established by the Commonwealth in response to the federal stimulus program and is made up of federal and state oversight agencies.  The Massachusetts Office of the Attorney General (AGO) coordinates the task force’s activities.  The task force’s goal is to share federal stimulus information, to facilitate collaboration among the various oversight agencies, and to prevent fraud.

Brian O’Donnell is an Assistant Attorney General in the Bid Unit of the Fair Labor Division of the Massachusetts Attorney General’s Office.  There he is involved in handling bid protests and investigations as well as responding to inquiries from contractors and public officials regarding the application and interpretation of the Commonwealth’s public construction bidding laws.  Brian will address the types of omissions, underreporting, and misstatements in submissions to awarding authorities which can result in a determination that a contractor’s bid is deficient or even fraudulent and may render the contractor ineligible to be awarded a public construction contract.  Using sample bid protest decisions and court opinions, the AGO will address best practices for contractors and awarding authorities in complying with disclosure requirements established in the construction bid laws.

Douglas Rice is the Compliance and Monitoring Manager for the Massachusetts Recovery and Reinvestment Office.  In this role Douglas is responsible for establishing, overseeing and managing the Commonwealth’s stimulus compliance program.  Douglas will address the Commonwealth's efforts to prevent fraud, waste and abuse of stimulus funds;  the recently published fraud, waste and abuse toolkit (created in conjunction w/ the Attorney General and MA Inspector General) that contains examples of things to be on the lookout for as well as samples of internal control plans;  the variety of stimulus related oversight activities that are occurring at all levels - including work by federal IG's, the Government Accountability Office, the MA IG's Office, the State Auditors Office and the Recovery and Reinvestment Office; the importance of being aware of stimulus specific provisions that can affect construction projects such as the Buy American Provision, Davis-Bacon wage requirements and the Massachusetts Apprenticeship Provision.

Michael Connolly from Hinckley, Allen & Snyder LLP, a former Assistant U.S. Attorney, will conclude with an overview of the steps contractors must take to avoid such investigations, sanctions and prosecutions.