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The research tax credit is one of the most valuable credits available for a business. Many misconceptions associated with the research tax credit prevent companies from maximizing their benefit. One of the biggest misconceptions is government contracts do not qualify for the research tax credit because the tax code states, "funded research is excluded". In this course, you will learn more about the research tax credit and surrounding case law that explains how government contracts can qualify for R&D credit, the criteria needed and included expenses.
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Please join Jennifer Schaus & Associates every Wednesday in 2020 for a complimentary Wednesday series. See the full recording on our YouTube Channel (https://youtu.be/8WSeOIlY7VY). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
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Please join Jennifer Schaus & Associates every Wednesday in 2021 for a complimentary Wednesday series. See the full recording on our YouTube Channel (coming soon). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
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Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
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Please join Jennifer Schaus & Associates every Friday in 2020 for a complimentary series. See the full recording on our YouTube Channel (https://www.youtube.com/watch?v=36eRQkU2X_I). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
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• Locate regulations and audit guidance for unallowable costs
• Differentiate between unallowable and expressly unallowable costs
• List best practices for accounting for unallowable costs
• Assess and consider legal issues relating to unallowable costs, as discussed in recent decisions
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Please join Jennifer Schaus & Associates every Wednesday in 2020 for a complimentary Wednesday series. See the full recording on our YouTube Channel (https://www.youtube.com/watch?v=UNBAWh-AF7k). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
The must have program/project management reporting feature before applying fo...Shane Emerson
The document has points that need to be thoroughly gone through by the GSA Schedule buyers to know all the basic insights about this government contract
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Please join Jennifer Schaus & Associates every Wednesday in 2020 for a complimentary Wednesday series. See the full recording on our YouTube Channel (https://youtu.be/8WSeOIlY7VY). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
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Please join Jennifer Schaus & Associates every Wednesday in 2021 for a complimentary Wednesday series. See the full recording on our YouTube Channel (coming soon). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
Home Inspector's Insurance & Risk Management - July 19, 2013Gerald Brunker
Home Inspector professional liability, general liability and other applicable insurances for home inspectors. Risk management tips and hints and home inspector claim information.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Government Contacting - FAR Part 44 - Subcontracting Policies and ProceduresJSchaus & Associates
Please join Jennifer Schaus & Associates every Friday in 2020 for a complimentary series. See the full recording on our YouTube Channel (https://www.youtube.com/watch?v=36eRQkU2X_I). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
How to Negotiate Other Important Clinical Study Contract Terms Michael Swit
Presentation on key aspects of clinical trial agreements, with an emphasis on key clauses that may not get as much attention as normal, including choice of law, confidentiality, material transfers, record retention, termination, etc.
Understanding Unallowable Costs: The Accounting & Legal PerspectivesRobert E Jones
Unallowable costs present accounting and legal challenges for government contractors. Unallowable costs are low-hanging fruit in any rate or proposal audit, and some types stand out more than others. Some contractors develop rates and proposals that unknowingly contain unallowable costs, while others take calculated risks on including some unallowable costs. Either way, contractors run the risk of reduced profit margins, over-billings, fines, penalties, delays in final rates, and legal proceedings. Join us to learn about the legal concepts of unallowable costs and the accounting practices to keep you out of trouble. Learn how to:
• Locate regulations and audit guidance for unallowable costs
• Differentiate between unallowable and expressly unallowable costs
• List best practices for accounting for unallowable costs
• Assess and consider legal issues relating to unallowable costs, as discussed in recent decisions
The proliferation of whistleblower retaliation and reward laws has created a complex maze of claims and remedies. This brown bag will examine issues that frequently arise in private sector whistleblower cases. The topics will include recent developments under the Sarbanes-Oxley and Dodd-Frank Acts, preserving retaliation claims while pursuing reward claims, choosing the optimal forum, minimizing claim splitting and claim preclusion risks, and exhausting administrative remedies.
What Happened for Solar During the 2013 Texas Legislative Session? Rick Borry
Russel Smith is the co-founder and executive director of Texas Renewable Energy Industries Association (TREIA).
Hear Russel review and interpret the 2013 Texas Legislative Session and its impact on the solar energy market. Be sure to join this LIVE webinar to find out how the legislature's actions will affect you and your business during the question-and-answer segment following Russel's presentation.
1. Legal Issues Impacting Enforcement
Program Administration
Raul M. Bhat, Esq.
Legal Advisor
Office of Enterprise Assessments
U.S. Department of Energy
Eagle Research Group, Inc.
2. Consent Orders and
Settlement Agreements
Question:
May a Consent Order or Settlement
Agreement provide that a contractor pay the
monetary remedy to a recipient other than the
U.S. Treasury (e.g., research, charitable, or
educational organizations) ?
3. Consent Orders and
Settlement Agreements
(cont’d)
Payment to a recipient other than the U.S. Treasury
violates Miscellaneous Receipts Act (MRA) (31
U.S.C. §§ 3302(a) and (b))
Congressionally authorized appropriations for DOE
programs may not be supplemented by acceptance
of additional monies
No statutory exception to MRA under Atomic Energy
Act (42 U.S.C. §§ 2282a, 2282b, and 2282c)
4. Consent Orders and
Settlement Agreements
(cont’d)
Question:
May a Consent Order or Settlement Agreement
provide that a contractor pay for and perform a
service that benefits DOE/NNSA in lieu of a
monetary remedy?
5. Consent Orders and
Settlement Agreements
(cont’d)
Examples of services: Provide safety training to
contractors throughout DOE complex; Purchase fire
trucks for use by the local fire department
Performing such actions in lieu of paying a
settlement sum is prohibited:
• “Remedy” must have legally sufficient nexus to
the underlying deficiencies
• Circumvents Miscellaneous Receipts Act
6. Allowability of Costs -
Corrective Actions
Question:
May a contractor recover corrective action costs
associated with an enforcement proceeding?
7. Allowability of Costs -
Corrective Actions
Fully allowable under Major Fraud Act (MFA) (41
U.S.C. § 256(k))
Not considered a “proceeding” cost subject to MFA
reimbursement restrictions
“Proceeding” includes an investigation
Corrective action costs incurred regardless of
whether DOE investigates underlying
noncompliances
8. Allowability of Costs -
Investigations
Should be segregated from potentially allowable costs
following receipt of a Notice of Intent to Investigate
(NOI). NOI commences a “proceeding”
Segregate costs incurred before or after receipt of NOI
Unallowable under MFA if investigation results in Notice
of Violation and civil penalty imposition
May be allowable under MFA if investigation results in
Consent Order/Settlement Agreement
9. Allowability of Costs -
Investigations (cont’d)
Up to 80% of investigation related costs allowable under
MFA if result is settlement
Percentage of allowability, if any, referenced in settlement
instrument
Contracting Officer, Site and Program Office, and Office
of Enforcement involved in allowability determination
80% ceiling also applies if investigation results in
Enforcement Letter or no enforcement activity
10. Notices of Violation
-Prescribing Corrective
Actions
May prescribe corrective actions in addition
to payment of civil penalty
Similar to current practice for Consent
Orders/Settlement Agreements
Legally sufficient nexus to underlying
violations to constitute a “remedy”.
11. Due Process
Considerations
Following investigation, DOE may directly proceed
to PNOV issuance.
Nuclear Safety/Worker Safety and Health – Reply
must be filed.
Classified Information Security – Reply may be filed
May contest facts and alleged violations including
associated severity level and proposed civil penalty
12. Investigation Report
Markings
All Investigation Reports now marked “Official
Use Only (OUO)”
Pre-decisional in nature
Contractor may contest facts and provide
additional mitigating factors at enforcement
conference or through correspondence with
DOE
14. Investigation Report
Markings (cont’d)
OUO marking references any applicable Freedom of
Information Act exemption (5 U.S.C. §§ 552(b)(1)
through (b)(9))
OFFICIAL USE ONLY
May be exempt from public release under the
Freedom of
Information Act
(5 U.S.C. 552), exemption number and
category: Exemption 5-
Privileged Information.
Department of Energy approval required before
public release.
Name/Organization: XXXXXX, HS-XX Date:
XXXXXX
Guidance (if applicable): XXXX
15. Investigation Report
Markings (cont’d)
DOE typically invokes exemption (b)(5) – the
deliberative process privilege
Exemption 5 applies to Investigation Report
even after DOE makes final decision.
16. Investigation Report
Markings (cont’d)
DOE typically invokes exemption (b)(5) – the
deliberative process privilege
Exemption 5 applies to Investigation Report
even after DOE makes final decision.
17. Raul M. Bhat, Esq.
Legal Advisor
Office of Enterprise Assessments
U.S. Department of Energy
Eagle Research Group, Inc.
301-903-9973
Raul.bhat@hq.doe.gov
http://energy.gov/ea/office-enterprise-assessments
Questions?