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WELCOME TO GOVERNMENT CONTRACTING WEEKLY,
SPONSORED BY AOC KEY SOLUTIONS, INC.
GOVERNMENT CONTRACTING WEEKLY IS THE ONLY TELEVISION PROGRAM
DEVOTED EXCLUSIVELY TO THE COMPETITIVE AND DYNAMIC WORLD
OF GOVERNMENT CONTRACTING,
A WORLD WHERE COMING IN SECOND PLACE
IS NOT AN OPTION,
BUT WHERE PRINCIPLE-CENTERED WINNING IS THE ONLY APPROACH.
GOOD MORNING.
WELCOME TO GOVERNMENT CONTRACTING WEEKLY.
I'M JIM McCARTHY,
THE OWNER AND TECHNICAL DIRECTOR OF AOC KEY SOLUTIONS
AND THE HOST OF THIS PROGRAM.
I HAVE BEEN DIRECTLY ENGAGED
IN THE GOVERNMENT CONTRACTING INDUSTRY
FOR MORE THAN 30 YEARS,
AND I'M SAD TO SAY, THERE HAS NEVER BEEN
SO MUCH OF A WELL-DESERVED LEVEL OF CONCERN
ABOUT VIOLENCE IN THE WORKPLACE AS THERE IS TODAY.
NOW, AS OUR REGULAR VIEWERS KNOW,
THIS PROGRAM IS ALL ABOUT HELPING GOVERNMENT CONTRACTORS
WIN AND RETAIN FEDERAL CONTRACTS.
SO WHY, YOU MAY ASK,
ARE WE DEVOTING TODAY'S SHOW TO VIOLENCE IN THE WORKPLACE?
THE ANSWER, AS OUR DISTINGUISHED PANELISTS WILL HELP US SEE,
IS THAT THE TIME IS FAST APPROACHING
WHEN YOUR COMPANY'S ABILITY
TO DEMONSTRATE THE STEPS YOU'VE TAKEN
TO PROVIDE THE SAFEST POSSIBLE WORKFORCE
COULD HAVE A DIRECT IMPACT ON YOUR WIN RATIO.
JOINING ME TODAY ARE THREE EXPERTS
IN THE AREA OF WORKPLACE LAW.
FIRST WE HAVE SPIROS KOMIS,
THE GENERAL COUNSEL FOR C2 ESSENTIALS. WELCOME.
Spiros Komis: GOOD MORNING, JIM. HAPPY TO BE HERE.
Jim McCarthy: AND NEXT I'D LIKE TO INTRODUCE LORI TURNER,
WHO IS A PARTNER IN THE FIRM OF ISLER AND DARE.
Lori Turner: GOOD MORNING, JIM. HOW ARE YOU?
THANK YOU FOR HAVING ME.
Jim: YOU'RE WELCOME. AND ROUNDING OUT OUR PANEL,
LAST BUT NOT LEAST IS DAVID MILLER,
THE GENERAL COUNSEL FOR SKYLINK AVIATION.
GOOD MORNING, DAVID.
David Miller: GOOD MORNING, JIM. HAPPY TO BE HERE.
Jim: OK. SO, WORKPLACE IS A REALLY SERIOUS SUBJECT
AND THERE'S A LOT TO COVER, SO LET'S GET RIGHT TO IT.
MY FIRST QUESTION--
I THINK MAYBE WE'LL DIRECT IT TOWARD YOU, SPIROS--
IS LET'S DEFINE THE TERM. WHAT IS WORKPLACE VIOLENCE?
IT SEEMS OBVIOUS, BUT IT'S MORE THAN THAT, RIGHT?
Spiros: WELL, JIM, I THINK THAT WITH THE DEVASTATING EVENT
THAT OCCURRED AT THE NAVY YARD LAST YEAR,
CONTRACTORS AND REALLY ALL EMPLOYERS
WERE PUT ON NOTICE AS TO HEIGHTENED SENSITIVITY
OF WHAT THE WORKFORCE ENVIRONMENT MEANS
AS FAR AS RISK AND LIABILITY.
WORKFORCE VIOLENCE IS NOT JUST OVERT ACTS OF VIOLENCE.
IT'S ACTS OF DISCRIMINATION,
HARASSMENT-- *** OR PHYSICAL OR OTHERWISE.
IT'S THREATS, INTIMIDATIONS, BULLYING.
ANYTHING THAT COULD CREATE A TORT
THAT COULD CAUSE LIABILITY FOR THE EMPLOYER
OR HARM TO THE PUBLIC.
Jim: SO THERE'S A LOT FOR THE CONTRACTORS TO CONSIDER
OTHER THAN JUST AN ACTIVE SHOOTER.
OK, LORI, HOW HAS WORKPLACE VIOLENCE
IMPACTED SMALL BUSINESSES, LARGE BUSINESSES
THAT ARE CONTRACTORS IN THIS ARENA?
Lori: SO I THINK IT'S CHALLENGING
FOR A GOVERNMENT CONTRACTOR
BECAUSE YOU'RE NOT IN CONTROL OF THE WORK SPACE.
SO OFTENTIMES YOUR EMPLOYEES ARE ON A GOVERNMENT WORK SITE,
AND YOU DON'T HAVE ANY CONTROL
OVER HOW THE GOVERNMENT'S MONITORING THEIR OWN PEOPLE
AND THE SECURITY,
AND THEN YOU'RE ALSO DEALING WITH EMPLOYEES
THAT ARE EMPLOYEES OF OTHER GOVERNMENT CONTRACTORS.
SO I THINK IT'S TOUGH BECAUSE YOU DON'T REALLY KNOW
WHAT POLICIES THE OTHER GOVERNMENT CONTRACTORS
OR THE FEDERAL GOVERNMENT HAVE IN PLACE
AS FAR AS WORKPLACE VIOLENCE GOES.
David: JIM, CAN I JUST SAY
THAT THE GOVERNMENT ACCOUNTABILITY OFFICE
DID A STUDY ABOUT TWO YEARS AGO
AND ADVISED THAT THE ANNUAL IMPACT,
FINANCIAL ECONOMIC IMPACT ON THE PRIVATE SECTOR
IS APPROXIMATELY $40 BILLION A YEAR--BILLION WITH A "B"--
BECAUSE OF, AS SPIROS WAS TALKING ABOUT,
THE ENTIRE GENERIC IMPACT OF WORKPLACE VIOLENCE.
$40 BILLION.
Jim: SO, DAVE,
GIVEN ALL THOSE THINGS THAT OUR COLLEAGUES HAVE SAID,
WHAT DO YOU THINK IS THE SINGLE MOST IMPORTANT ISSUE
THAT'S IMPACTING CONTRACTORS
IN THIS ARENA OF WORKPLACE VIOLENCE?
David: I THINK IT'S TWOFOLD.
I THINK, NUMBER ONE, POTENTIAL LIABILITY,
BECAUSE ALL EMPLOYERS, WHETHER YOU BE PUBLIC OR PRIVATE,
A GOVERNMENT CONTRACTOR OR NOT,
HAVE WHAT LAWYERS CALL AN AFFIRMATIVE OBLIGATION
TO PROVIDE A SAFE WORKPLACE.
AND I THINK YOU'RE GONNA SEE MORE AND MORE INSISTENCE
ON THE PART OF THE GOVERNMENT
THAT YOU HAVE ADEQUATE TRAINING PROGRAMS
TO SENSITIZE EMPLOYERS AND MANAGERS AND EMPLOYEES
TO ALL FORMS OF WORKPLACE VIOLENCE.
Jim: I SEE. SPIROS?
Spiros: I WANT TO ADD ON TO DAVID'S POINT.
I THINK A LITTLE BIT MORE
TAILORED TO AN EMPLOYER'S OBLIGATION
ARE THE ISSUES OF HIRING, RETENTION, AND TERMINATION.
AN EMPLOYER COULD BE NEGLIGENT
IN THE WAY THAT HE HIRES EMPLOYEES.
AND SO WITH REGARDS TO THE BACKGROUND OF AN INDIVIDUAL,
IS THE EMPLOYER ON NOTICE OF ANY PROPENSITIES
OR ACTUAL RECORDS OF VIOLENCE THAT COULD CREATE LIABILITY?
AND THE SAME APPLIES TO RETENTION.
Jim: SO TALKING ABOUT PROPENSITY, IF YOU WILL,
ARE THERE ANY KIND OF TELLTALE SIGNS, RED FLAGS
THAT PERHAPS ARE TYPICAL IN THE WORKPLACE
THAT THERE'S A PROBLEM,
THERE'S AN ULTRA-TROUBLED EMPLOYEE
THAT'S ABOUT TO CAUSE A PROBLEM?
Lori: I WOULD SAY THAT THERE'S NOT REALLY ANY TELLTALE SIGNS.
BUT SOME OF THE SIGNS ARE THE PERSON'S ACTING DIFFERENT
THAN WHAT THEY'RE USED TO ACTING.
SO IF SOMEONE'S REALLY OUTGOING IN THE WORKPLACE
ON A GENERAL BASIS
AND THEN ALL OF A SUDDEN THEY BECOME INTROVERTED,
THAT WOULD BE A SIGN. OR VICE VERSA.
FOR EXAMPLE,
IF THEY'VE BEEN COUNSELED ON SOMETHING LIKE ABSENTEEISM,
AND THEY CAN'T DROP IT.
SO THEY KEEP RAISING COMPLAINTS
ABOUT SOMETHING ELSE IN THE WORKPLACE
OR FILING COMPLAINTS ABOUT THEIR CO-WORKERS
OR SOMETHING LIKE THAT.
OR IF THEY BECOME ARGUMENTATIVE.
SOME OTHER SIGNS ARE IF THEY TAKE UP A SUDDEN INTEREST
IN GUNS OR WEAPONRY OR SOMETHING LIKE THAT.
I THINK THOSE WOULD BE SORT OF THE SIGNS.
Jim: SOMETIMES WHEN THESE TRAGIC INCIDENTS HAPPEN,
I GUESS WITH THE ADVANTAGE OF HINDSIGHT
AND A REARVIEW MIRROR,
YOU'D SAY, "OH, I SHOULD HAVE KNOWN. THOSE SIGNS WERE THERE."
BUT SOMEHOW WE TEND TO RATIONALIZE THEM
OR DON'T LOOK AT THEM
AND THAT'S WHAT CAUSES THE PROBLEM.
SO, BE ALERT IS WHAT YOU'RE SAYING.
David: AND, JIM, ALSO TO THAT POINT,
AND YOU WERE ACTUALLY RAISING IT.
YOU HAVE TO KNOW YOUR WORKFORCE,
WHICH MEANS AS A MANAGER, AS AN EXECUTIVE,
YOU REALLY HAVE A DUTY TO REALLY GO DOWN TO YOUR PEOPLE,
TALK TO YOUR PEOPLE, COMMUNICATE WITH YOUR PEOPLE,
HAVE A REAL SENSE AS TO WHAT'S GOING ON IN THEIR LIVES.
SO IT HAS TO BE AN ACTIVE MANAGEMENT.
Jim: SO YOU MENTIONED ACTIVE MANAGEMENT,
SO LET'S TALK A SECOND--
WHAT ARE THE OBLIGATIONS
THAT A GOVERNMENT CONTRACTOR HAS TO PROTECT ITS WORKFORCE?
IS IT UNDER WRAPS TO MAKE SURE THAT IT DOES EVERYTHING RIGHT?
LET'S SAY IF SOME NUT COMES IN WITH A GUN,
ARE THE GOVERNMENT CONTRACTORS LIABLE FOR THAT?
David: FIRST OF ALL, TO THAT EXTENT--
THE ACTIVE SHOOTER SITUATION THAT YOU'RE TALKING ABOUT
IS RELATIVELY SMALL.
THEY'RE HIGHLY PUBLICIZED BY THE MEDIA.
THEY'RE OBVIOUSLY VERY TRAGIC.
BUT NET-NET, GIVEN EVERYTHING THAT SPIROS TALKED ABOUT,
IN TERMS OF WORKPLACE VIOLENCE, IT'S VERY, VERY SMALL.
HAVING SAID THAT,
I DON'T THINK THERE'S ANY DIFFERENCE IN LIABILITY
WITH RESPECT TO WHETHER YOU'RE A GOVERNMENT CONTRACTOR OR NOT.
YOU STILL HAVE WHAT LAWYERS CALL AN AFFIRMATIVE DUTY
TO PROVIDE A SAFE WORKPLACE FOR YOUR EMPLOYEES.
AND IF YOU DO THAT,
YOU OBVIOUSLY CAN'T BE SUED ON BASICALLY A NEGLIGENT BASIS.
Spiros: AND I WANT TO ADD ON TO DAVID'S POINT.
IT'S NOT JUST A SAFE WORKPLACE FOR YOUR EMPLOYEES;
IT'S A SAFE WORKPLACE AND ALSO ENVIRONMENT
FOR THIRD PARTIES AND THE PUBLIC.
AND THIS IS THE ISSUE FOR OUR CONTRACTOR CLIENTS
WHERE YOU'RE EITHER AT A GOVERNMENT SITE
WHERE YOU HAVE NON-WORKFORCE EMPLOYEES,
WHETHER THEY'RE WITH THE GOVERNMENT
OR A SUBCONTRACTOR OR A PRIME CONTRACTOR.
YOUR OBLIGATION IS AFFIRMATIVE AS TO THOSE PARTIES AS WELL.
Jim: SO WE TALKED ABOUT OBLIGATIONS,
AND WE'RE RUNNING A LITTLE SHORT ON TIME HERE FOR THIS.
BUT A QUICK ANSWER--
THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
HAS ISSUED SOME GUIDELINES.
WHAT ARE THEY ABOUT?
CAN YOU EXPLAIN THAT REAL QUICK?
Lori: I'D BE HAPPY TO TAKE THAT. SURE. CERTAINLY.
SO THE EEOC CAME OUT IN 2012 WITH SOME GUIDELINES
THAT ARE CONCERNED ABOUT BACKGROUND CHECKS,
PEOPLE RUNNING BACKGROUND CHECKS.
AND SO THEIR BIG CONCERN
IS THAT BACKGROUND CHECKS HAVE A DISPARATE IMPACT
ON DIFFERENT CLASSES, MAINLY RACE.
SO IT WOULD BE HISPANICS OR AFRICAN AMERICAN POPULATION.
SO THE EEOC, BEFORE YOU RUN A BACKGROUND CHECK,
THEY WANT YOU TO MAKE SURE THAT YOU'RE RUNNING IT
FOR A LEGITIMATE BUSINESS REASON.
AND SO WHAT YOU NEED TO DO IS--
THEY CALL THEM "THE GREEN FACTORS."
AND THE GREEN FACTORS ARE, WHEN YOU RUN A BACKGROUND CHECK,
YOU LOOK TO SEE WHETHER, YOU KNOW, THE CONVICTION,
WHAT WAS THE NATURE OF THE CONVICTION,
AND THEN WHAT TIME HAS PASSED BETWEEN THE CONVICTION
AND THE JOB THAT THE PERSON'S APPLYING FOR,
AND THEN YOU LOOK AT THE NATURE OF THE POSITION
THAT THE PERSON IS APPLYING FOR.
Jim: THANK YOU, LORI.
WE'RE GONNA BREAK FOR A COMMERCIAL NOW.
WHEN WE COME BACK, WE'RE GONNA CONTINUE EXPLORING THIS SUBJECT.
WORKING IN CONTRACT MANAGEMENT IS A COMPLEX JOB--
CREATING, EXECUTING, MANAGING CONTRACTS.
IT'S AN EVER-CHANGING WORLD,
AND OUR MEMBERS SHARE THE SAME CHALLENGES.
AT THE NATIONAL CONTRACT MANAGEMENT ASSOCIATION
WE KNOW THIS BUSINESS--
GATHERING THE BEST MINDS IN OUR FIELD,
FURTHERING YOUR CAREER
BY PROVIDING KNOWLEDGE AND TRAINING.
TOGETHER, WE'VE FIGURED IT OUT.
Man #1: SO, DID WE WIN THAT GOVERNMENT CONTRACT?
Man #2: WE DID.
Man #1: AND?
Man #2: AND NOW WE'VE GOT TO DEAL
WITH THE REGULATORY HURDLES.
Man #1: GOOD LUCK WITH THAT.
Man #2: WHEN THE GOVERNMENT'S YOUR CLIENT,
YOU NEED TO PLAY BY THEIR RULES.
Man #1: AND THE RULES CHANGE MORE THAN YOU THINK.
Man #2: EXACTLY.
WE NEED SOMEONE WHO'S DONE THIS BEFORE.
PLUS IT'S COMPLICATED, SO WE'RE GOING WITH BDO.
Man #1: BDO? HMM.
Narrator: PEOPLE WHO KNOW GOVERNMENT CONTRACTING
KNOW BDO.
QUESTION FOR YOU.
HI. I'M JIM McCARTHY, OWNER OF KEY SOLUTIONS.
FOR OVER 30 YEARS, KSI HAS HELPED CLIENTS
WIN OR RETAIN OVER $130 BILLION IN GOVERNMENT CONTRACTS
BY PROVIDING THE KEYS TO WINNING.
NOW, IF YOU'RE CHASING A MUST-WIN CONTRACT,
GO TO OUR WEBSITE, AOCKEYSOLUTIONS.COM,
AND CLICK ON "WIN."
IT'S A TOUGH MARKET.
DON'T GO IT ALONE.
Jim: WE'RE BACK NOW.
SPIROS, I HAVE A QUESTION FOR YOU.
LET'S TALK ABOUT ALLEGATIONS, POSSIBILITIES, POTENTIAL.
IF THERE'S AN ALLEGATION OR A POSSIBILITY OF A THREAT
OR A DANGER TO EMPLOYEES OR PUBLIC,
WHAT ARE THE OBLIGATIONS OF THE CONTRACTOR UNDER THAT SITUATION?
Spiros: THE CONTRACTOR HAS TO BE EXTREMELY RESPONSIVE
TO THREATS OR POSSIBLE VIOLENCE,
INSTANTLY INITIATE AN INVESTIGATION
TO DETERMINE WHETHER THE ALLEGATIONS ARE CREDIBLE.
IF THEY ARE CREDIBLE,
THE CONTRACTOR NEEDS TO TAKE INSTANT ACTION
TO PROTECT NOT ONLY THE EMPLOYEE FROM THEMSELVES,
BUT ALSO THE OTHER EMPLOYEES AND THE GENERAL PUBLIC.
THIS COULD BE PAID LEAVE, UNPAID LEAVE,
ADMINISTRATIVE LEAVE PENDING THE INVESTIGATION,
AND SO FORTH.
BUT THE KEY IS, AND AS DAVID HIGHLIGHTED IS, RESPONSIVENESS,
KNOW YOUR WORKFORCE, AND TAKE CRITICAL ACTION QUICKLY.
Jim: SO THE KEY IS TO ACT. YOU HAVE TO ACT.
David: BUT ALSO, TOO,
JIM, IT REALLY IS A QUESTION OF JUDGMENT.
A LOT OF THESE ARE REALLY JUDGMENT CALLS.
AND GETTING TO SPIROS' POINT, YOU'VE GOT TO INVESTIGATE,
YOU HAVE TO OBJECTIVELY LOOK AT THE EVIDENCE.
BUT AT THE END OF THE DAY, ALSO AS SPIROS HAS POINTED OUT,
THE BOTTOM LINE, THE PARAMOUNT CONCERN HAS TO BE SAFETY--
SAFETY OF THE WORKFORCE, SAFETY OF THE EMPLOYEES,
SAFETY OF THE PUBLIC.
SO AT THE END OF THE DAY, THE PRIMARY CONSIDERATION,
THE OVERRIDING CONSIDERATION HAS TO BE SAFETY.
Jim: BUT HOW GRAVE DOES A THREAT
OR THE POTENTIAL THREAT HAVE TO BE
IN ORDER TO PULL THE PLUG ON SOMEBODY?
IN OTHER WORDS, IN ORDER TO DISMISS THEM
OR SEND THEM HOME OR SOMETHING?
IS THERE SOME CLIFF? SOME GUIDELINE?
Spiros: I THINK IT'S ALWAYS BEST TO ERR ON THE SIDE OF CAUTION
WHEN IT COMES TO PROTECTING, AT LEAST IN THE SHORT-TERM TIME.
WITH REGARDS TO TERMINATIONS,
THE EMPLOYERS AND SPECIFICALLY CONTRACTORS NEED TO BE CAREFUL
TO PROTECT THEMSELVES AGAINST CLAIMS OF WRONGFUL TERMINATION
FOR CLAIMS THAT ARE NOT SUBSTANTIATED.
AND THIS COULD INCLUDE CLAIMS OF DEFAMATION.
YOU MADE A THREAT THAT I SAID THIS
WHEN IN FACT I DID NOT MAKE THAT THREAT,
AND I WAS TERMINATED BECAUSE OF IT,
AND NOW I HAVE DAMAGES.
Lori: I ALSO THINK YOU NEED TO BE CONSISTENT
IN YOUR TERMINATIONS.
SO YOU NEED TO LOOK BACK AND SAY
IF YOU'RE GONNA TERMINATE SOMEBODY,
LOOK AT PAST TERMINATIONS, LOOK AT PAST DISCIPLINES
FOR PEOPLE THAT HAVE ENGAGED IN SIMILAR CONDUCT.
BECAUSE YOU COULD FIND THAT
BY TERMINATING SOMEONE ONE TIME BUT NOT DOING IT IN THE PAST,
THAT YOU'VE NOW GOT YOURSELF
IN A WRONGFUL DISPARATE TREATMENT CLAIM
SO THAT SOMEBODY'S GONNA SAY,
HEY, YOU TREATED THIS PERSON DIFFERENTLY
BECAUSE OF, YOU KNOW, GIVEN SOME PROTECTED CLASSIFICATION--
RACE, COLOR, RELIGION, WHATEVER IT MAY BE.
Jim: WHILE YOU'RE ON THIS SUBJECT,
OBVIOUSLY EVERYBODY'S AWARE OF THE TRAGEDIES THAT TOOK PLACE,
LET'S SAY AT THE WASHINGTON NAVY YARD
AND FORT HOOD AND SO ON.
SO IT RAISES THE QUESTION OF MENTAL HEALTH.
LORI, TELL ME YOUR THOUGHTS
ON WHAT ARE THE CONTRACTORS' OBLIGATIONS
IN THIS WHOLE AREA OF MENTAL HEALTH.
Lori: MENTAL HEALTH IS ACTUALLY KIND OF A TRICKY SUBJECT
BECAUSE A LOT OF TIMES MENTAL HEALTH, MENTAL ILLNESS
WILL BE COVERED UNDER THE AMERICANS WITH DISABILITIES ACT.
SO YOU'VE GOT TO BE CAREFUL THAT,
IF THE PERSON IS TRULY MENTALLY ILL,
YOU KNOW, AN ACCOMMODATION FOR THIS PERSON
MIGHT BE GIVING THEM TIME OFF,
ALLOWING THEM TO GO SEEK TREATMENT,
AND THEN COME BACK INTO THE WORKPLACE.
AND THEN YOU ALSO HAVE ANOTHER CONCERN OF,
IF THEY'RE NOT REALLY MENTALLY ILL,
THAT YOU'VE REGARDED THEM AS MENTALLY ILL.
SO THE ADA, THE AMERICANS WITH DISABILITY ACT,
HAS A CLAIM THAT SOMEONE COULD MAKE
THAT YOU'VE REGARDED ME AS BEING DISABLED,
AND THEY CAN TRY AND FILE
SOME SORT OF CHARGE OF DISCRIMINATION...
Jim: WHEN IN FACT I'M NOT DISABLED.
Lori: BUT YOU'VE REGARDED ME AS THAT,
AND NOW I'M BRINGING A CLAIM AGAINST YOU FOR THAT.
David: ALSO TO THAT POINT,
I THINK LORI RAISED SOME EXCELLENT POINTS.
OBVIOUSLY, MENTAL HEALTH, A VERY SENSITIVE ISSUE.
HAVING SAID THAT, I THINK AS AN EMPLOYER
AND PUTTING AGAIN THE FOREFRONT OF THE SAFETY OF THE EMPLOYEES
AND OF THE WORKPLACE BEING NUMBER ONE,
YOU NEED TO DOCUMENT, DOCUMENT, DOCUMENT, NUMBER ONE.
NUMBER TWO, I WOULD ACTUALLY BRING IN AN OUTSIDE PARTY.
WHEN I HAVE A SENSITIVE ISSUE LIKE THIS,
I ALWAYS BRING IN OUTSIDE COUNSEL,
AN UNAFFILIATED PARTY,
SOMEBODY THAT CAN LOOK AT THIS THING
PERHAPS A LITTLE BIT MORE OBJECTIVELY THAN I COULD.
SO THE SITUATION THAT LORI WAS TALKING ABOUT,
I'D LOOK AT THE EVIDENCE MYSELF,
BUT INVARIABLY I'D BRING IN AN OUTSIDE PARTY
TO OBJECTIVELY REVIEW.
Spiros: AND TO ADD ONE POINT,
FOR OUR GOVERNMENT CONTRACTOR CLIENTS IN OUR AUDIENCE,
THIS PROBLEM IS COMPOUNDED BY THE FACT THAT,
WHETHER YOU'RE A PRIME OR SUBCONTRACTOR,
WHETHER THE GOVERNMENT ITSELF IS THE CUSTOMER,
THEY MAY SAY, "REMOVE THAT INDIVIDUAL."
AND AT THAT POINT, YOU COULD BE IN VIOLATION OF THE ADA--
Lori: THE FAMILY MEDICAL LEAVE ACT
IF THEY'RE ENTITLED TO LEAVE.
Spiros: EXPOSED LEGALLY
OVER A DECISION THAT YOU HAVE VERY LITTLE CONTROL OF.
Jim: WE'RE GONNA TAKE A BREAK AND STEP AWAY,
AND WE'LL BE BACK IN JUST A SECOND.
QUESTIONS.
IF YOU ANSWERED YES
TO ONE OR MORE OF THESE NIGHTMARE SCENARIOS,
WE CAN HELP.
HI. I'M JIM McCARTHY, OWNER OF KEY SOLUTIONS.
WE HELP GOVERNMENT CONTRACTORS WIN GOVERNMENT CONTRACTS,
AND FOR OVER 30 YEARS, KSI HAS HELPED CLIENTS WIN OR RETAIN
OVER $130 BILLION IN GOVERNMENT CONTRACTS
BY PROVIDING THE KEYS TO WINNING.
WE ASSIST COMPANIES BOTH LARGE AND SMALL
TO ENTER THE U.S. GOVERNMENT CONTRACTS MARKET
OR TO INCREASE THEIR MARKET SHARES.
WE HAVE WORKED WITH 87 OF THE TOP 100 GOVERNMENT CONTRACTORS
AND LITERALLY HUNDREDS OF SMALL BUSINESSES.
SO IF YOU'RE CHASING A MUST-WIN CONTRACT OPPORTUNITY,
GO TO OUR WEBSITE, AOCKEYSOLUTIONS.COM,
AND CLICK ON "WIN."
IT'S A TOUGH MARKET OUT THERE.
DON'T GO IT ALONE.
AFCEA HAS BEEN BRINGING GOVERNMENT AND INDUSTRY TOGETHER
SINCE 1946.
BY JOINING AFCEA YOU'LL REACH THE DECISION MAKERS
AND BECOME PART OF THE DISCUSSION.
YOU'LL INCREASE MARKET VISIBILITY,
GAIN MARKET INSIGHT,
RECEIVE DISCOUNTS ON AFCEA MEMBER SERVICES AND EVENTS,
AND MANAGE AND ENGAGE CORPORATE ASSOCIATES.
AFCEA IS THE ASSOCIATION OF CHOICE.
JOIN TODAY AT WWW.AFCEA.ORG.
SINCE 1941, THE USO HAS BEEN LIFTING THE SPIRITS
OF AMERICA'S TROOPS AND THEIR FAMILIES.
MEMBERS OF OUR MILITARY CONTINUE TO MAKE SACRIFICES
AND DEFEND OUR NATION.
THAT'S WHY THE USO
OF METROPOLITAN WASHINGTON-BALTIMORE
IS COMMITTED TO SERVING THEM
THROUGHOUT THEIR YEARS OF SERVICE.
USO METRO IS THE WAY FOR YOU TO SAY THANKS
TO OUR LOCAL MILITARY MEMBERS,
THEIR FAMILIES,
AND OUR WOUNDED WARRIORS AND CAREGIVERS.
PLEASE VISIT US AT USOMETRO.ORG.
Jim: OK, I'M GONNA ASK THE PANEL A QUESTION HERE.
I KNOW IT MAY REQUIRE A GENERALITY
AND YOUR BEST ESTIMATE OR BEST JUDGMENT,
BUT HERE'S THE QUESTION.
ARE CONTRACTORS AT THEIR WORKPLACES
INHERENTLY SAFE RIGHT NOW?
HAVE WE DONE ENOUGH TO BE SAFE OR ARE WE SAFE ENOUGH?
WHAT DO YOU THINK THE SITUATION IS
FOR OUR AUDIENCE OUT THERE, FOR THE MOST PART?
David: LET ME JUST START OFF BY SAYING THAT,
AGAIN, AS I TOLD YOU PREVIOUSLY, JIM,
I'M A COMPLIANCE OFFICER AS WELL AS A GENERAL COUNSEL.
I HAVE A LAW ENFORCEMENT BACKGROUND.
I THINK NET-NET WE'RE VERY SAFE.
VERY SAFE.
I THINK THE INCIDENCE OF WORKPLACE VIOLENCE,
THE ACTIVE SHOOTER SITUATION, IS VERY, VERY SMALL,
ALMOST MINISCULE.
THAT DOESN'T MEAN
THAT WE SHOULDN'T TAKE PREVENTATIVE ACTIONS, OK,
SUCH AS HAVING AN EVACUATION PLAN
AND HAVING CERTIFICATION AND TRAINING PROGRAMS.
BUT ON A NET-NET BASIS,
I THINK WE ARE VERY, VERY SAFE HERE.
Lori: I THINK GOVERNMENT CONTRACTORS
ARE ACTUALLY, IN SOME RESPECTS, SAFER THAN THE AVERAGE WORKPLACE
BECAUSE THEY'RE GOING ONTO A GOVERNMENT SITE,
SO A LOT OF TIMES YOU'RE GOING THROUGH A METAL DETECTOR
OR YOU'RE SHOWING A BADGE TO SOMEONE
OR YOU'RE BADGING IN TO DIFFERENT ROOMS
THAT YOU CAN'T GET IN AND OUT OF,
WHEREAS IN A LOT OF WORKFORCES,
YOU JUST WALK UP THE ELEVATOR AND GO ANYWHERE YOU WANT.
Jim: SPIROS, I WANT TO TURN THE TABLES JUST A LITTLE BIT ON YOU
AND ASK YOU THIS QUESTION, BECAUSE IT CAME UP EARLIER.
LET'S SAY YOUR GOVERNMENT CONTRACTOR
DIRECTS YOU TO REMOVE INDIVIDUAL X FROM THE SITE.
ARE YOU OBLIGATED TO DO THAT? ARE YOU BOUND TO DO THAT?
ARE YOU REQUIRED TO DO THAT? ARE YOU EXPOSED IF YOU DO THAT?
Spiros: WELL, YOU'RE EXPOSED IF YOU DO,
AND YOU'RE EXPOSED IF YOU DON'T.
THE FIRST THING YOU'D HAVE TO DO IS LOOK AT YOUR CONTRACT,
WHETHER IT'S A PRIME OR SUBCONTRACTING AGREEMENT.
AND DOES THE CONTRACT PROVIDE AN OPPORTUNITY
FOR THE CUSTOMER TO DIRECT YOU TO DO THAT?
THE SECOND THING IS
YOU HAVE TO BE MINDFUL OF WHAT WE DISCUSSED WITH THE ADA, FMLA,
AND WHETHER STATE AND FEDERAL LAWS
THAT PROTECT CERTAIN ILLNESSES AND DISABILITIES.
HAVING DONE THAT, PUT YOUR CUSTOMER ON NOTICE,
SAYING, "LOOK, YOU'VE ASKED ME TO REMOVE SOMEONE,
BUT I THINK I'VE GOT A PROBLEM HERE,
AND IT COULD VIOLATE THE LAW."
AND ULTIMATELY, ALTHOUGH YOU, THE CONTRACTOR,
IS RESPONSIBLE FOR YOUR OBLIGATIONS TO THAT EMPLOYEE,
YOU WANT TO WORK WITH YOUR CUSTOMER,
RECOGNIZING YOU DON'T WANT TO JEOPARDIZE YOUR CONTRACT,
TO FIND A SOLUTION.
Jim: NO GOVERNMENT EMPLOYEE CAN DIRECT YOU TO BREAK THE LAW
EVEN IF THEY SAY, "GET RID OF SUCH A PERSON," RIGHT?
Spiros: UNLESS IT'S BY CONTRACT.
Lori: I THINK AS AN EMPLOYER,
YOU ALMOST WOULD HAVE AN OBLIGATION AT THAT POINT,
IF THE GOVERNMENT OR THE PRIME CONTRACTOR
TELLS YOU TO REMOVE SOMEONE,
TO GO BACK AND LOOK AT YOUR OWN WORKFORCE
TO SEE IF YOU CAN PLACE THAT PERSON SOMEWHERE ELSE
AT ANOTHER GOVERNMENT SITE
OR ON ANOTHER GOVERNMENT CONTRACT
TO AVOID BREAKING THE LAW.
Jim: WHAT I'M TAKING FROM ALL THIS
IS THAT IT'S REALLY TRICKY AND THERE ARE SOME GRAY AREAS.
I'LL CALL IT A BALANCING ACT.
ON THE ONE HAND, YOU WANT TO COMPLY.
ON THE OTHER HAND, YOU WANT TO PROTECT.
SO, WHAT ARE SOME GUIDELINES OR THOUGHTS
ON HOW YOU SORT OF ADMINISTER THAT DELICATE BALANCING ACT?
Spiros: I THINK THERE'S TWO TYPES OF THINGS YOU CAN DO.
ONE, FROM AN OPERATIONAL POINT OF VIEW,
INCREASE YOUR INSURANCE POLICIES,
HAVE UMBRELLA POLICIES,
HAVE AN EPLI--
EMPLOYER PRACTICES LIABILITY POLICY--
THAT PROTECTS AGAINST HIRING AND NEGLIGENT RETENTION.
ALSO HAVE AN EMPLOYEE ASSISTANCE PROGRAM
TO HAVE EMPLOYEES WHO FEEL THEY HAVE ISSUES
TO BE ABLE TO CALL A NUMBER.
THAT HELPS.
Lori: A HOTLINE, FOR EXAMPLE.
AN ETHICS HOTLINE OR SOMETHING LIKE THAT.
I THINK YOU ALSO NEED TO TRAIN UP YOUR MANAGERS,
LIKE DAVID WAS SAYING.
MAKE SURE THAT YOUR MANAGERS
KNOW HOW TO SPOT THE WARNING SIGNS,
HOW TO SEE IF SOMEONE'S ACTING DIFFERENTLY.
David: AND IN TERMS OF WHAT LORI IS TALKING ABOUT,
THAT TRAINING, THE ANNUAL TRAINING COMPLIANCE PROGRAM,
SENSITIVITY TRAINING LIKE THIS,
THESE ARE ALL VERY, VERY KEY.
AS A LAWYER, AS A COMPLIANCE OFFICER,
THE BEST PROACTIVE THING YOU CAN DO AS A MANAGER
IS TO TRAIN YOUR WORKFORCE AND SENSITIZE YOUR WORKFORCE.
Jim: SO WE'VE TOUCHED ON THESE IN VARIOUS SEGMENTS HERE,
BUT I'LL ASK THE QUESTION NOW
FOR OUR AUDIENCE'S SAKE, I GUESS.
WHAT ARE SOME PRACTICAL TIPS THAT YOU WOULD, AT THIS POINT,
OFFER TO OUR AUDIENCE
ABOUT HOW THEY CAN SORT OF WALK THAT TIGHTROPE,
THAT BALANCING ACT?
WHAT SHOULD THEY DO TO COMPLY WITH THE LAW AND YET BE SAFE?
ANY OF YOU?
David: AGAIN, TRAINING AND SENSITIVITY.
DOCUMENT, NUMBER TWO.
I THINK YOU AS AN EMPLOYER MAY NEED EXPERTISE IN CERTAIN AREAS,
WHETHER IT BE DISABILITY LAW, WHETHER IT BE EMPLOYMENT LAW,
WHETHER IT BE CONTRACT LAW.
I THINK YOU AS AN EMPLOYER
SHOULD NOT LOOK AT YOURSELF AS BEING ISOLATED.
YOU HAVE PLENTY OF TOOLS OUT THERE.
THE FINAL THING I HAVE TO SAY
IS PRACTICALLY YOU HAVE TO KNOW YOUR WORKFORCE.
YOU AS A CEO, YOU AS A GC, YOU AS A LINE MANAGER
HAVE GOT TO GET OUT THERE AND TALK TO YOUR PEOPLE.
YOU HAVE TO LISTEN TO THEM AND TALK TO THEM
AND COMMUNICATE.
Jim: LORI?
Lori: I WAS JUST GOING TO SAY,
BEFORE YOU MAKE ANY IRRATIONAL DECISION,
IT DOESN'T HURT TO PLACE SOMEONE ON ADMINISTRATIVE LEAVE,
PAID ADMINISTRATIVE LEAVE FOR FIVE DAYS
WHILE YOU INVESTIGATE.
REALLY DO A THOROUGH JOB TO MAKE SURE
THAT YOU'VE INVESTIGATED, YOU'VE TALKED TO EVERYONE,
YOU'VE REALLY GOTTEN THE FULL SIDE OF THE STORY
BEFORE YOU MAKE SOME RASH DECISION LIKE FIRING SOMEONE.
Jim: WELL, AS OUR AUDIENCE KNOWS,
THIS SHOW IS ULTIMATELY ABOUT
HOW TO WIN OR RETAIN GOVERNMENT CONTRACTS.
SO I WANT TO LOOK AT THIS SUBJECT OF WORKPLACE VIOLENCE.
NOW, TODAY, CONTRACTORS IN THEIR PROPOSALS
HAVE TO RESPOND TO MANAGEMENT PLANS.
THE MANAGEMENT PLAN OFTEN INCLUDES
A HEALTH AND SAFETY PLAN.
MY QUESTION,
DO YOU SEE A TIME WHEN WORKPLACE VIOLENCE PREVENTION
AND A RESPONSE PLAN
WILL BE AN EVALUATIVE FACTOR OR SUB FACTOR
IN RFP OR IN CONTRACTOR SELECTION?
David: I DON'T, JIM. I DON'T.
IN FACT, LORI AND I WERE TALKING OFF-CAMERA.
WE THINK THAT A LOT OF THE EEOC RECOMMENDATIONS
WILL BE REJECTED BY THE COURTS.
SO, AGAIN, I DON'T SEE THIS AS BEING A CRITICAL COMPONENT.
SPIROS MAY DISAGREE.
BUT I DO THINK THERE IS SOMETHING CALLED
A REPUTATIONAL RISK,
AND THAT IS, PEOPLE THAT EVALUATE CONTRACTS, RFPs,
ARE PEOPLE LIKE ANYBODY ELSE.
THEY LOOK AT SUBJECTIVE FACTORS.
AND, AGAIN, IF YOU'RE A COMPANY
THAT HAS A REPUTATION OF HAVING WORKPLACE VIOLENCE INCIDENTS,
IT WILL CERTAINLY FACTOR IN TO YOUR SELECTION OR NON-SELECTION
AS FAR AS A GOVERNMENT CONTRACTOR.
Jim: ALRIGHT. THANK YOU.
WE'RE GONNA TAKE ANOTHER BREAK FOR A COMMERCIAL NOW.
THANK YOU VERY MUCH, FOLKS.
GOOD MORNING. MY NAME IS ALLAN HORLICK,
AND I'M THE EXECUTIVE PRODUCER
OF GOVERNMENT CONTRACTING WEEKLY,
WHICH IS CURRENTLY IN ITS SECOND YEAR ON TELEVISION.
NOW, AS WE MOVE INTO A NEW YEAR,
I WANT TO SHARE WITH YOU SOME EXCITING NEWS,
AND THAT IS OUR DECISION
TO BEGIN PRODUCING AND AIRING COMMERCIAL MESSAGES.
THIS UNIQUE PROGRAM ATTRACTS A PURE CONCENTRATION
OF BOTH INDUSTRY AND GOVERNMENT DECISION-MAKERS.
AS AN ADVERTISER, YOU CAN'T AFFORD TO WASTE YOUR MONEY.
SO WHETHER YOU ARE A CONTRACTOR OR A SERVICE PROVIDER,
GOVERNMENT CONTRACTING WEEKLY
OFFERS YOU THE PERFECT ENVIRONMENT
AND THE PERFECT AUDIENCE
SO YOU CAN MAKE YOUR OWN BEST PITCH
ON WHY YOU SHOULD BE HIRED.
IF YOU'D LIKE TO LEARN MORE ABOUT ADVERTISING
IN GOVERNMENT CONTRACTING WEEKLY,
YOU CAN CONTACT US AT GOVERNMENTCONTRACTINGWEEKLY.COM
AND CLICK ON "ADVERTISE."
IN THIS HYPER-COMPETITIVE MARKETPLACE,
AS A FEDERAL GOVERNMENT CONTRACTOR,
NOW MORE THAN EVER WE NEED TO IDENTIFY, TRACK, FORECAST,
AND ANALYZE OPPORTUNITIES THAT WILL HELP YOU GROW YOUR COMPANY
BY BETTER POSITIONING YOURSELF TO WIN CONTRACTS.
I'M JAMIE BRATTEN, THE FOUNDER OF EZGovOpps,
AND THAT'S OUR MISSION.
UTILIZING THE MOST INTUITIVE MARKET INTELLIGENCE PLATFORM
EZGovOpps ENABLES CONTRACTORS OF ALL SIZES
TO MANAGE THEIR PIPELINE,
COLLABORATE, AND TEAM LIKE NEVER BEFORE.
EXPERIENCE FOR YOURSELF
THE POWER AVAILABLE TO YOU AND YOUR TEAM
WITH A 5 DAY FREE TRIAL PERIOD
WITH NO COMMITMENT NECESSARY TO BEGIN.
SIMPLY VISIT EZGOVOPPS.COM
TO START YOUR FREE TRIAL TODAY.
JOIN THE HUNDREDS OF OTHER FEDERAL GOVERNMENT CONTRACTORS
WHO ARE ENJOYING THE ULTIMATE COMPETITIVE ADVANTAGE
OF OUR UNEQUALED MARKET INTELLIGENCE.
JUST SPEND ONE FREE WEEK AT EZGOVOPPS.COM
AND SEE FOR YOURSELF.
NOW, WE'RE AT THAT POINT OF THE TIME IN OUR SHOW
WHERE WE LIKE TO HEAR FROM OUR VIEWERS,
SO I'M GOING TO NOW TURN IT OVER TO RICHARD NATHAN,
PRESIDENT AND CEO OF AOC KEY SOLUTIONS,
AND HE'S GOING TO TALK TO US
ABOUT THE GOVERNMENT CONTRACTING WEEKLY MAILBAG.
RICHARD.
A VIEWER ASKED ME JUST LAST WEEK WHETHER IN TODAY'S MARKET
IS IT BETTER TO BE THE INCUMBENT OR THE NON-INCUMBENT
WHEN PURSUING A CONTRACT.
INCUMBENTS HAVE AN ADVANTAGE BECAUSE THEY SHOULD--
I EMPHASIZE SHOULD--
KNOW THEIR CLIENT'S NEEDS, WANTS, AND BIASES.
BUT OFTEN THEY DON'T.
IF YOU DON'T UNDERSTAND NEEDS, WANTS, AND BIASES,
SEE OUR BLOG AT AOCKEYSOLUTIONS.COM.
INCUMBENTS HAVE A FAIR ADVANTAGE
BECAUSE INCUMBENCY GAVE THEM AN OPPORTUNITY
TO PERFORM IN AN OUTSTANDING WAY,
EARNING THE TRUST AND ADMIRATION OF THEIR CLIENTS.
BUT OFTEN THEY DON'T.
THEY DON'T PERFORM TO THAT STANDARD.
NON-INCUMBENTS HAVE THE ADVANTAGE
BECAUSE INCUMBENTS DON'T PERFORM.
WHEN INCUMBENTS DO THAT,
THEY ARE LEAVING THEIR HOUSE UNLOCKED
AND INVITING THE COMPETITION
TO COME IN AND STEAL THEIR CONTRACT.
SO, UNLESS THE GOVERNMENT
IS JUST PLAIN TIRED OF AN INCUMBENT,
IF AN INCUMBENT LOSES, IT'S THEIR OWN DAMN FAULT.
JIM, CAN I SAY "DAMN" ON THE AIR?
WELL, AT KEY SOLUTIONS,
WE'RE ALL ABOUT HELPING YOU WIN OR RETAIN YOUR NEXT CONTRACT.
IF YOU HAVE A QUESTION,
PLEASE VISIT US AT GOVERNMENTCONTRACTINGWEEKLY.COM
AND CLICK ON "INQUIRIES" AT THE TOP OF THE PAGE.
THAT BRINGS US TO THE END OF THIS WEEK'S SHOW.
WHILE OUR PANELISTS SHARED SOME INCREDIBLY IMPORTANT INSIGHTS
REGARDING WHAT FEDERAL CONTRACTORS NEED TO UNDERSTAND
IN THE CRITICAL AREA OF WORKPLACE VIOLENCE,
I CAN ONLY WISH THAT NONE OF YOU
WILL EVER HAVE TO PUT ANY OF THESE LESSONS TO USE
IN A LIVE SITUATION.
BUT AS SPIROS, LORI, AND DAVID HAVE SHOWN YOU,
YOU MUST BE PREPARED.
SO NOW I WANT TO THANK OUR PANEL.
DAVE MILLER, THE GENERAL COUNSEL FROM SKYLINK.
THANK YOU FOR BEING HERE.
LORI TURNER, PARTNER WITH THE FIRM OF ISLER AND DARE.
THANK YOU VERY MUCH.
AND SPIROS, OF COURSE, WELCOME BACK,
AND YOU'VE BEEN THE GENERAL COUNSEL AT C2 ESSENTIALS.
Spiros: THANK YOU, JIM.
Jim: OK, SO, THANK YOU, SPIROS, THANK YOU, TEAM.
MOST IMPORTANTLY, I'D LIKE TO THANK YOU, OUR VIEWERS,
FOR ONCE AGAIN MAKING GOVERNMENT CONTRACTING WEEKLY
A REGULAR PART OF YOUR LEARNING REGIMEN.
ON BEHALF OF ALL OF MY COLLEAGUES
AT KEY SOLUTIONS,
I'M JIM McCARTHY. SEE YOU NEXT WEEK.
YOU'VE BEEN WATCHING GOVERNMENT CONTRACTING WEEKLY,
SPONSORED EACH WEEK BY AOC KEY SOLUTIONS, INC.
GOVERNMENT CONTRACTING WEEKLY
IS THE ONLY TELEVISION PROGRAM DEVOTED EXCLUSIVELY
TO THE COMPETITIVE AND DYNAMIC WORLD
OF GOVERNMENT CONTRACTING.
FOR ADDITIONAL INFORMATION,
COMMENTS, QUESTIONS, OR SUGGESTIONS,
PLEASE WRITE US AT GOVERNMENTCONTRACTINGWEEKLY.COM.