If you are a federal Government contractor or subcontractor, or are considering entering that market space, Ravenhearth Law can provide you the vitally important legal advice to help you understand and navigate the myriad laws, regulations, and other rules to which you are (or will be) subject, as well as legal advice on best business practices. To learn more about our services or tell us about your goals – call us or contact us online.
Federal Acquisition Regulation (and Supplements) Compliance
Federal Government prime contractors and subcontractors are subject to a broad range of obligations and specialized contract terms unique to contracts with the Government. These obligations and terms flow primarily from federal statutes and an extensive set of regulations known as the Federal Acquisition Regulation (“FAR”). The FAR contains the acquisition policies and procedures used by nearly all Government agencies.
Typical Prime Government Contracts
The typical prime Government contract contains fifty or more FAR clauses, many of them mandatory. Many of these statutory requirements and mandatory FAR clauses “flowdown” to subcontracts. This means that if you are a subcontractor to a higher-tier contractor, although your subcontract may not contain a certain FAR clause, you may be obligated under that clause because the ultimate contract is with the Government.
Additionally, contractors must follow numerous statutory and regulatory provisions outlining certain standards of business conduct. Federal Contractor Codes of Business Ethics and Conduct and Ethics Compliance
Practices and Programs
Failure to correctly follow many of the laws and regulations specific to Government contracting, and other laws, can lead to suspension or debarment from future Government contracting, civil actions that could include treble damages, and, in some cases, criminal prosecutions. One of the most important bulwarks against such consequences is to build and maintain a robust ethics and business conduct compliance program, to include meaningful periodic training.
Apart from the protective benefit, most Government contractors, regardless of size, now are required to have some form of an ethics compliance program in place in order to participate in Government contracting.
Reviews of Solicitations and Proposals
As a Government contractor, your primary means of increasing revenues is to capture more business. To capture more business, the proposals you present to the Government must comply with the requirements in the Government’s Solicitation or Request for Proposals (or Bids). Ravenhearth Law has years of experience reviewing and advising on proposal compliance that maximizes your company’s ability to win new business and maintain incumbent business.
Other Contractual Agreements
Your prime contracts with the federal Government (or your subcontracts with other Government contractors) are not the only important contractual documents that may be subject to rules that are not usually found in purely commercial contracting. Ravenhearth Law drafts and advises on:
- Non-disclosure agreements
- Teaming agreements
- Joint Venture Agreements
- Mentor-protégé Agreements
- Employment agreements
- Severance agreements
- All other agreements related to Government contracting
General Services Administration (“GSA”) Schedule Contracts
The Washington, DC area is replete with firms that can cost-effectively assist your company in obtaining a GSA Schedule contract, through which your company can sell commercial goods and services to the federal Government. Ravenhearth Law, however, has the expertise help your company with more complex issues that can arise related to GSA Schedule contracting, including but not limited to “basis of award” and economic price adjustment issues.
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