Government contractors, subcontractors, and grant recipients face a variety of business risks and legal exposure associated with a multitude of obligations within the Federal Acquisition Regulations (FAR) and various agency supplements as well as OMB Circulars and other—regulatory or statutory requirements. These regulations—which may be contained in solicitations, contracts, subcontracts, supplier agreements, teaming agreements, grants, and on-line in "standard provisions" to companies' purchase orders—expose companies to breach of contract claims, fraud allegations (under the criminal and civil False Claims Acts), forfeiture of data rights, and suspension from Federal contracts and grants.
Our attorneys have counseled clients on issues of compliance, litigated questions and issues arising from many of these regulations, have worked in the government, and have worked in-house at major contractors. With this background, we can provide practical and invaluable perspective and counseling around the meaning and application of the regulations. Whereas, a comprehensive list of issues for which we have provided counsel would be unwieldy, examples include:
- the meaning, applicability, and negotiability of solicitation and contract terms and conditions;
- those terms and conditions that must be, and those that should be, flowed down to subcontractors particular and suppliers, including commercial suppliers;
- certifications and representations;
- Defense Priorities and Allocation System (DPAS) implications and obligations;
- Buy-American obligations;
- Organizational Conflicts of Interest (OCI) mitigation, avoidance, and reporting;
- Cost Accounting Standards;
- mandatory disclosure; and
- teaming agreement terms and conditions.
Representative experience includes:
- Various government contractors on the assessment and revision of corporate practices and policies.
- Various defense, technology, and healthcare contractors on structuring business entities to comply with government obligations and safeguard commercial business.
- Leading defense contractors and FFRDCs in separate matters involving assessment of the need for mandatory disclosures, as well as counseling clients on mandatory disclosures and responding to audits.
- Leading aerospace and technology contractors in responding to audits on Contractor Purchaser System Reviews and Business Systems.
- A leading research university on complying with specific Federal Acquisition Regulations governing subcontractors. In addition, our attorneys assessed the risks of the university's then-current compliance approach.
- A major defense contractor in determining the ownership of, and risk of loss for, property destroyed by a natural disaster prior to government acceptance and while in the possession of a subcontractor.
- Various government contractors on complying with specific Federal Acquisition Regulations governing subcontractors and assessed the risks of the university's then-current compliance approach.
- A construction prime contractor in assessing its compliance with the terms of government contracts. Our attorneys have been retained by many prime contractors and subcontractors for similar engagements.
- A major software company in two internal investigations regarding compliance with the terms of its GSA Supply Schedule contracts.