Regulatory Compliance & Ethics Programs
- Drafting and implementing global policies and procedures on a wide range of compliance and ethics topics for small, mid-size, and publicly traded companies doing business with governments in the U.S. and internationally.
- Providing advice on a variety of critical compliance issues, including procurement fraud, suspension and debarment regimes, conflicts of interest, revolving door, data protection and privacy, domestic preference programs, the McNamara–O’Hara Service Contract Act (SCA), cost compliance, and mandatory disclosure and other government reporting obligations.
- Conducting full-scope (as well as targeted) risk assessments and compliance reviews. This includes analyses of how the existing compliance framework would measure against the requirements of the Federal Acquisition Regulation (FAR) and the U.S. Federal Sentencing Guidelines standards of an effective compliance program.
- Designing, implementing, and monitoring controls to track compliance with a full spectrum of legal and regulatory requirements, including anticorruption, gifts/entertainment to public officials, the use of third-party intermediaries (such as business development agents, subcontractors, and independent consultants), cost compliance, the FAR Mandatory Disclosure Rule, and various other compliance and reporting obligations.
- Implementing monitoring programs to identify, track, and assess new and emerging external legal and regulatory requirements.
- Drafting, creating, and implementing records retention policies and schedules that align to the legal and business needs of a company, including U.S. and international legal requirements, specific agency requirements, and general business protocols.
- Drafting legal opinions and memoranda on topics related to compliance with U.S. and international public procurement laws.
- Counseling clients (legal and business teams) on all legal issues relating to international and U.S. federal, state, and local government contracting opportunities and administration, including significant experience with cost compliance, commercial item contracting, and GSA schedule contracting.
- Drafting and negotiating agreements with and between commercial entities, including teaming agreements, professional services agreements, subcontracts, joint venture agreements, and licensing agreements.
- Advising on complex, high-profile contracts for major government contractors and negotiating and drafting complex clauses such as most-favored customer, data rights clauses, licensing, special security clauses, and conflict of interest mitigation plans.
- Negotiating agreements with government customers in both the pre-award contract negotiation and post-award contract administration contexts.
- Conducting M&A due diligence and leading post-merger integration efforts for commercial companies and government contractors on both the buyer side and seller side.
- Evaluating business expansion initiatives (e.g., expanding scope of business, product lines) and advising companies on potential business and legal ramifications, including conducting cost-benefit analyses.
- Analyzing foreign ownership, control, or interest (FOCI) issues for government contractors who have been acquired by a foreign-owned, commercial company.
Investigations, Litigation & Risk Mitigation Strategies
- Drafting bid protests and claims and handling all litigation-related matters, including discovery, witness preparation, and hearing participation.
- Conducting internal investigations on a variety of topics, including those related to employment/HR matters, anticorruption, procurement integrity/competition concerns, fraud and abuse allegations, potential significant overpayments, contract compliance, and other ethics- and compliance-related topics.
- Identifying key risk areas and developing business-minded, workable solutions to mitigate risks and allow the company to focus on business growth, including identifying risks and working with business teams to implement risk mitigation strategies associated with the rollout of new products and service offerings, particularly information technology and cyber products and services.
Small Business Programs
- Working with small businesses who are seeking mentors and SBA certifications, and generally navigating the small business regulations (including affiliation rules and compliance with size standards).
- Providing general compliance and litigation advice, including filing bid protests, size protests, and handling contractual disputes.
- Drafting, negotiating, and reviewing teaming, subcontract, and joint venture agreements for small businesses.