Tending
In today’s competitive landscape, the phrase “strings attached” resonates more than ever in federal contracting—a lucrative business sector fraught with obligations. Beyond the essential technical performance requirements, federal contracts bristle with thorny clauses demanding compliance in a multitude of areas such as:
Each of these areas requires diligence and expertise, especially as contracts grow in complexity and monetary value. Imagine you’ve inherited a three-acre English garden—it will be delightful to explore and share with your friends, but you’ll also need to attend to all the weeding, pruning, and thinning (to name but a few necessary tasks). Enjoyment, in both business and life, comes at a cost.
The cost, in this case, is worth incurring. Failure to meet compliance obligations can have significant consequences for contractors. A default can lead to termination, damaging reputations and hindering future opportunities. Additionally, contractors may face suspension and debarment, preventing them from participating in federal contracts for specified periods. Non-compliance can also result in liability under the False Claims Act, exposing contractors to substantial financial penalties. Furthermore, in mergers and acquisitions, a company not in compliance is often devalued, and deals may fall apart altogether, causing long-term damage to a contractor’s reputation and business prospects.
If your company is receiving federal funds—directly or indirectly, through procurement contracts or grants—where does it stand in its compliance efforts? What further labor must be done to enjoy the fruits?
We bring over 20 years of large firm experience in such areas as federal data rights, GSA OIG audits, GSA Schedule contracting, subcontract negotiation, Trade Agreements Act, Buy American Act, Other Transaction Agreements, and federal grants. Additionally, we have extensive experience in handling government contracts issues during mergers and acquisitions.
We have collaborated with contractors of all sizes, from small businesses to industry giants. In this vast landscape, we delve into the proverbial weeds, but we also see the forest for the trees. Context is important. We learn the client’s business and employ an approach that combines attention to detail with client-focused problem-solving.
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In a recent project, we helped a large-cap, publicly traded company through a government contract gap analysis. We closely examined each accepted Federal Acquisition Regulation and agency supplement clause to identify and close any gaps, ensuring robust contract performance and mitigating risks such as contract default, government investigations, and whistleblower allegations. Additionally, we helped successfully guide the company through a GSA OIG audit—a success largely attributed to the company's commendable practices in commercial pricing disclosures, monitoring, and reporting over the years. In another recent project, we trained a textile manufacturer's contracting staff in the art of federal subcontract negotiation.
The term “government contracts law” might sound dry, but the reality is far from it. We especially enjoy counseling contractors on safeguarding their intellectual property. The long reach of federal unlimited rights and government purpose rights demands a strong posture of agility, creativity, and (in certain key aspects) strict compliance. The stakes are high, and mistakes can be costly.
Winning contracts is a marvelous achievement and often lucrative, but, as Voltaire wrote at the end of Candide, we must cultivate our gardens. The ongoing efforts in maintaining compliance and protecting company innovation are important aspects of thriving in this competitive landscape.
If you need assistance in government contracting, feel free to reach out. Email us at [email protected] or message us here on LinkedIn. Read more about our work at https://www.dhirubhai.net/in/eric-aaserud-40220618/.
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This article is for informational purposes only. It does not constitute legal advice. Readers should consult with their own legal counsel to address specific compliance issues or concerns.