Doing business with the federal government requires a highly specialized set of legal skills, particularly in light of the current emphasis on oversight, compliance and mandatory disclosure of wrongdoing. A thorough understanding of the nuances of the Federal Acquisition Regulation (FAR), the agency FAR supplements and other applicable procurement rules provides a competitive advantage to contractors in marketing their products to the Government, responding to solicitations and managing their existing contractual relationships.
Wiley Rein attorneys counsel companies on doing business with the Government, including advising companies on changes to procurement laws and regulations, legislative and regulatory changes still under consideration and the practical effects of such changes or potential changes to contractors of all sizes and providing products and services to all segments of the federal government. For example, we counsel contractors regarding such issues as establishing and maintaining effective compliance programs [see Ethics Advice & Compliance Audits and Plans]; cost allowability issues [see Cost Accounting and Cost Allowability]; small business-related issues [see Small Business]; protection of proprietary data [see Data Rights and Protection of Contractor Trade Secrets]; compliance with restrictions on foreign acquisitions, including the Buy American Act, Trade Agreements Act and Berry Amendment/Specialty Metals and export control regulations [see Export Controls, Foreign Corrupt Practices Act, Buy America Act, and Trade Agreement Act]; contracting with the General Services Administration (GSA) and the commercial item contracting under FAR Part 12 [see GSA Schedule and Commercial Item Contracts]; the unique rules that apply to contractors and their employees operating in contingency operations [see Expeditionary Contracting], the flow down of FAR and FAR supplement clauses to subcontracts; and the implications of the dozens of certifications and representations required by the typical solicitation.
ISSUE: WINTER 2013