Government & Regulatory

You may be able to file a protest challenging the award with the contracting agency, the Government Accountability Office (GAO), or the U.S. Court of Federal Claims. The proper forum depends on what happened, what relief you want, and how quickly you need a decision. Deadlines run from before proposals are due to as little as 10 days after you knew or should have known of the problem. An even shorter deadline may determine whether performance of the awarded contract is automatically paused during a GAO protest. Contact counsel as soon as you receive the award notice or debriefing.

The Federal Acquisition Regulation (FAR) governs most federal contracts. Companies working with the Department of Defense may also need to comply with the Defense Federal Acquisition Regulation Supplement (DFARS). The rules that apply to your company come from the solicitation, the clauses incorporated into your contract, agency-specific requirements, and the type of work you perform. Those obligations may cover pricing, labor practices, cybersecurity, supply chains, ethics, recordkeeping, and reporting suspected misconduct for you and any subcontractors. Work with legal counsel to identify the applicable clauses, build procedures around them, and confirm that your subcontract agreements include the required terms.

An internal investigation may be necessary if you receive a whistleblower complaint, identify questionable billing or timekeeping, discover a cybersecurity incident, or learn of conduct that may violate a contract or regulation. The investigation should begin promptly and preserve all potentially relevant evidence. You should consult legal counsel to determine whether the facts trigger a mandatory disclosure, agency notice, or other reporting obligation. An attorney will work with you to define the investigation’s scope, interview witnesses, review records, evaluate whether disclosure is required, and take appropriate corrective action.

Don’t ignore it, and don’t respond before you understand what the agency is investigating. Contact counsel, preserve relevant documents, identify the deadline, and determine whether you must notify an insurer or other party. An attorney can clarify or negotiate the request’s scope and help you provide an accurate, organized response. Also ask legal counsel for help deciding whether to conduct your own investigation and attend to any problems before they develop into a larger enforcement matter.

They may. The Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) cover more than shipping physical products across a border. Depending on the technology and the people involved, an export may include sharing controlled software, source code, drawings, specifications, or technical data with a foreign person, even within the U.S. Restrictions may also apply to foreign sales, remote access, cloud storage, overseas travel, and the work of foreign employees and contractors. An attorney will work with you to classify your products and technology, identify licensing requirements, screen proposed transactions, spot possible violations, and determine whether to voluntarily disclose any violations.

First, determine which program fits your company. Federal contracting programs include the 8(a) Business Development Program, the Historically Underutilized Business Zone (HUBZone) Program, the Women-Owned Small Business (WOSB) Program, and the Service-Disabled Veteran-Owned Small Business (SDVOSB) Program. These programs target different groups of owners and have requirements for company size, control, and location. It’s advisable to work with an attorney to apply for and maintain these program certifications to avoid missteps. Counsel will draft responses to size and status protests and structure joint ventures, mentor-protégé relationships, and teaming agreements without jeopardizing your program eligibility.

No, but act quickly. Suspension may exclude you from federal work while an investigation or legal proceeding is pending. A proposed debarment begins a process in which you respond to the allegations that you are responsible enough to do business with the government. Experienced attorneys can help you demonstrate responsibility with evidence that you investigated the problem, disciplined employees, strengthened your compliance program, changed your leadership or controls, or made restitution. In response, the government may be willing to resolve the allegations through an administrative agreement.

Yes. We help applicants and clearance holders respond to interrogatories and Statements of Reasons, prepare for interviews and hearings, and pursue appeals. We also advise cleared contractors on facility clearance and personnel security issues. Alert your attorney to any roadblocks to clearance, such as financial problems, foreign contacts or interests, substance use, and criminal conduct. Prior issues with handling sensitive information or dishonesty on applications may complicate the application process. While issues like these may not result in the denial or loss of a clearance, you need to address these concerns and provide accurate supporting information in your application or response.

The answer depends on what you plan to do and where you operate. Federal, state, and local laws may regulate your company’s political contributions, political action committees, lobbying, gifts, fundraising, and communications with employees or the public. Additional restrictions, such as pay-to-play rules, may apply to government contractors. Work with legal counsel to determine which registration, reporting, disclaimer, or contribution rules apply before you donate to a campaign, host a political event, contact government officials, or ask employees to participate in political activity.