1 / 12

FAPIIS Compliance

FAPIIS Compliance . in a large, mostly commercial, company. Jim Anderson, 3M Company Tim Connelly, Eckland & Blando LLP. FAPIIS Compliance - Agenda. 3M Company Demographics 3M Challenges 3M Solution and FAPIIS Tools Lessons Learned. 3M Company Demographics.

nuru
Download Presentation

FAPIIS Compliance

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. FAPIIS Compliance in a large, mostly commercial, company Jim Anderson, 3M Company Tim Connelly, Eckland & Blando LLP

  2. FAPIIS Compliance - Agenda • 3M Company Demographics • 3M Challenges • 3M Solution and FAPIIS Tools • Lessons Learned

  3. 3M Company Demographics • Fortune 100 Multinational Diversified Technology Company: • Total Company 2010 Sales: $26.7B • U.S. sales 2010: $9.2B • Federal direct sales 2010: ______ • State sales, direct & indirect 2010: ______ • Consistently > $10MM current active Federal Ks • ~ 33,000 U.S. employees (~ 80,000 worldwide)

  4. 3M Challenges • Highly decentralized • Six operating business segments • 45 business units and U.S. subsidiaries • Manufacturing operations in 28 states • Wide variety of products sold, including sales to state & local governments, in virtually every state • Administrative proceedings and settlements managed at the business unit level • Expertise in government contracting laws, regulations & process concentrated in Government Contract Compliance Department (GCC)

  5. 3M Challenges (continued) • Information for “representation” entered into FAPIIS is “current, accurate and complete as of the date of submission of [an] offer” IAW FAR 52.209-7(c): • Qualifying Federal or State “proceeding”? • Is it “in connection with” award or performance (A/P) of Federal contract/grant? • Information is “updated” semi-annually to FAPIIS IAW FAR 52.209-9(a): • Qualifying Federal or State “proceeding”? • Is it “in connection with” A/P of Federal contract/grant?

  6. The 3M Solution • Semi-annual survey of 34 Division attorneys • Educate sufficiently, but avoid “FAR 101” • Valid poll • Request interim updates • Create a tool • Serve as FAPIIS reference • Easily navigable • Adaptable for future FAPIIS expansion • Supplemented by ongoing training & other GCC tools

  7. 3M Semi-Annual FAPIIS Survey • Is/are there any reportable proceeding(s) for the business unit/staff unit/U.S. subsidiary/International subsidiary for which you are assigned as 3M legal counsel? • No • Yes (you will be contacted) • Don’t know (you will be contacted)

  8. 3M Government Contract Compliance 3M FAPIIS Tool: to identify qualifying proceedings 52.209-7(c)(1) 52.209-7(c)(1)(i) 52.209-7(c)(1)(ii) 52.209-7(a) 52.209-7(c)(1)(iii) 52.209-7(c)(1) 52.209-7(c)(1)(iv) 8

  9. 3M Government Contract Compliance 3M FAPIIS Tool: “in connection with…” determination MAY BE MAY BE UNCLEAR NOT NOT 9

  10. Lessons Learned • Effective aid in identifying “qualifying proceedings”: • But, 3M is not the “subject” of APA rulemaking • “In connection with” guidelines fit, so far… • Need to clarify that GCC makes this determination • Useful tool adaptable for next phase of FAPIIS implementation

  11. Lessons Learned (continued) • TexConsinLand Matter: • “Formal” State admin proceeding for violation of permit • Compromised with acknowledgement of fault • Compromise included qualifying monetary penalty • Determined not “in connection with” A/P of Federal contract: • Single purpose commercial plant • Acknowledgement of fault v. facts suggesting permit limits were exceeded

  12. FAPIIS Compliancein a large, mostly commercial, company Questions? Jim Anderson, 3M Company, 651-733-4407 Tim Connelly, Eckland & Blando LLP, 612-236-0165

More Related