Photo of Edward T. DeLisle

Edward T. DeLisle is Co-Chair of the Federal Contracting Group at Cohen Seglias Pallas Greenhall & Furman PC. He concentrates his practice in the areas of federal contracting, construction law, construction litigation and small business procurement and litigation. He has drafted and negotiated construction contracts, teaming agreements and joint venture agreements for subcontractors, contractors, developers and owners. Ed also actively monitors the progress of his client's construction projects in order to safeguard those rights and remedies to which they are entitled.

Ed has been a frequent lecturer and author on issues of concern to the construction and federal contracting industries, and is a legal content contributor to both VetLikeMe and Onvia.

Law360, an on-line publication, has reported that two Pennsylvania  Democrats, Rep. Brendon Newman (D – Washington) and  Rep. Anthony DeLuca (D – Allegheny), are preparing to introduce legislation that may bring the False Claims Act (FCA) to the Commonwealth.  Twenty-nine  (29) states currently have their own version of the FCA, which has been used with much vigor by the federal government since 2007 to root out government fraud.  While the version that is slated for introduction in Pennsylvania is focused on “medicaid fraud,” don’t be fooled.  Medicaid fraud was also the focus of the federal government’s push for a stronger FCA back in 2007 and the impact has been felt far beyond medicaid.

The federal government has used allegations of fraud against contractors in all sorts of cases where federal money is being sought, or has been paid.

Here’s how it works:

If you are a contractor for the federal government, you must make certifications of all kinds.  When you wish to obtain payment for work performed, you must certify that you are entitled to it.  If you have a claim against the government for additional money, generally speaking, you have to certify that you’re owed what you are claiming.  If, at some point along the way, the government suspects that you’re not actually entitled to money claimed, or received, it can pursue an action against you, both civilly and criminally, and the penalties can be severe.  Monetary penalties can far exceed the value of your contract and incarceration is certainly possible.

The intention of the FCA is not to punish someone who has made an honest mistake.  However, the federal government has gotten very aggressive in its pursuit of “potential” fraud.  That means that federal government contractors have had to be increasingly careful when asking government agencies for money.  If Pennsylvania does pass its own version of the FCA, those that do business with the Commonwealth will have to be equally vigilant.  Once the bill is introduced, we will report back to you with its content.

Edward T. DeLisle is a Partner in the Construction and Federal Contracting Groups of Cohen Seglias Pallas Greenhall & Furman PC. He concentrates his practice in the areas of construction law, construction litigation and small business procurement and litigation. In addition, he is a frequent contributor to the Federal Construction Contracting Blog.

Please join our Federal Contracting Practice Group for a Networking Cocktail Reception preceded by a precise presentation on Avoiding the Pitfalls in Federal Construction Contracting.

This networking event will facilitate interaction between large and small businesses that are looking to understand how to win federal construction contracts. The presentation, led by Federal Contracting Chair, Michael Payne, will provide an overview of the following topics:

  • Top 10 list of pitfalls to avoid
  • Tips on how to deal with the hazards
  • Understanding how to protect your rights

The Federal construction market is accountable for over $100 billion worth of spending annually. If you are interested in learning more about federal contracting opportunities, this networking event is a great place to connect with other companies and learn inside tips from our Federal Contracting Partners, who boast years of experience working with Federal agencies.

Date:

November 8, 2012

Time:

4:00pm-4:30pm Registration

4:30pm-5:30pm Seminar

5:30pm-7:30pm Cocktail Reception

Location:

The Union League of Philadelphia

140 South Broad Street

Philadelphia, PA 19102

Cost:

$50 per person

Please register early as space is limited.

To register, please use this link. For questions, contact Rachel McNally at (215) 564-1700.

In order to succeed in today’s world of federal construction contracting, with emphasis on “best value,” indefinite delivery/indefinite quantity contracting, and teaming arrangements, a contractor must have a thorough understanding of how the system works. The Federal Construction Group of Cohen Seglias Pallas Greenhall & Furman, PC will provide you with the tools you need to be successful.

The seminar, scheduled for March 29th in Savannah, GA and March 31st, in Orlando FL, will include the following topics:

  • Understanding the FAR and how a Federal construction contract works
  • The RFP procurement process
  • Preparing winning proposals on “best value” solicitations
  • Understanding the IDIQ/MATOC process
  • How to successfully team on Federal projects
  • Knowing when, and whether, to file a bid protest
  • Negotiating contract modifications
  • Maintaining proper project documentation
  • Obtaining prompt payment
  • Preparing and submitting Requests for Equitable Adjustment and Claims
  • Protecting your rights through the dispute resolution process

In order to survive in today’s world of federal construction contracting, every contractor needs to fully and completely understand each of the above. Regardless of your experience level, this seminar will help you understand these key concepts and develop strategies for both obtaining federal contracts and profiting from them.

For more information or to register, please click here.

Cohen Seglias partner Edward T. DeLisle recently wrote the following post for our sister blog, Federal Construction Contracting Blog, which we thought would be of interest to Construction Law Signal readers as well.

As of Friday, February 4, 2011, women-owned small businesses could begin taking steps to participate in a new federal contracting program just for them. The new Women-Owned Small Business (WOSB) Federal Contract Program (the Program) will be fully implemented over the next several months, with the first contracts expected to be let during the fourth quarter of this year.

The Program will provide greater access to federal contracting opportunities for WOSBs and economically-disadvantaged women-owned small businesses (EDWOSBs). It allows contracting officers, for the first time, to set aside specific contracts for certified WOSBs and EDWOSBs, which will assist federal agencies in achieving the existing five percent statutory goal of federal contracting dollars for WOSBs.

Complete information and eligibility requirements of the Program are listed on the SBA website.

Please be sure to frequently check the Federal Construction Contracting Blog for regular federal contracting updates.