Regulatory and Legislative Counseling

Overview

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 implications of such changes or potential changes to contractors of all sizes.  For example, we counsel contractors regarding such issues as establishing and maintaining effective compliance programs (Ethics Advice & Compliance Audits and Plans); cost allowability issues (Cost Accounting and Cost Allowability); small-business-related issues (Small Business); protection of proprietary data (Data Rights and Protection of Contractor Trade Secrets); compliance with restrictions on foreign acquisitions, including the Buy American Act, Trade Agreements Act, Berry Amendment, specialty metals restrictions, and export control regulations (Export Controls, Foreign Corrupt Practices Act, Buy American Act, and Trade Agreements Act); contracting with the U.S. General Services Administration (GSA) and commercial item contracting under FAR Part 12 (GSA Schedule and Commercial Item Contracts); the unique rules that apply to contractors and their employees performing overseas in conflict areas (Expeditionary Contracting); the flow down of FAR and FAR supplement clauses to subcontractors; and the implications of the dozens of certifications and representations required by the typical solicitation.

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