Covington & Burling LLP | Practices, Industries & Regions | Regulatory Compliance Counseling & Ethics

Our Government Contracts Group provides counseling to a wide range of government contractors and subcontractors to enable them to understand and comply with the numerous laws and regulations that apply to their businesses.

By regulation, government contractors must have a system for ensuring and documenting that all employees understand and comply with applicable statutory and regulatory requirements. We assist clients in designing employee training programs and in drafting company training materials. We also advise clients about a wide range of compliance issues at all phases of the procurement cycle on the federal, state, and local levels. The following listing of issues is merely illustrative:

Values-based ethics programs addressing organizational culture - increasingly demanded by government oversight officials.
Mandatory disclosures under the Federal Acquisition Regulation (“FAR”) and the Federal Performance and Integrity Information System (“FAPIIS”).
Country of origin requirements under the Buy American Act, Trade Agreements Act, Berry Amendment, and other requirements of FAR Part 25, DFARS Part 225, and other laws.
Cost Accounting Standards (“CAS”).
Cost allowability under FAR Part 31 and the DFARS.
Avoidance and mitigation of Organizational Conflicts of Interest (“OCI”).
Commercial item contracting issues under FAR Part 12 and FAR Part 15.
Freedom of Information Act (“FOIA”) - protecting submitted information and compelling disclosure of information.
Small Business Act compliance including small business/SBIR eligibility and partnering limitations, small business subcontracting requirements, SBIC regulations, joint venture and minority/disadvantaged contracting and subcontracting programs including 8(a) program requirements.
Data privacy requirements applicable under government contracts.
Equal Opportunity and Affirmative Action compliance and related Office of Federal Contract Compliance Programs (“OFCCP”) jurisdiction and enforcement issues.
Rights in technical data and invention disclosure provisions, and strategies for protection of intellectual property.
Truth in Negotiations Act and defective pricing.
Anti-Kickback Act requirements.
Bribery & Gratuity Act compliance and organizational conflict of interest rules.
Byrd Amendment and other lobbying restrictions.
Subcontract “flowdown” analysis for prime and subcontractors.
National Industrial Security Program Operating Manual (“NISPOM”) and related requirements regarding classified information.
FSS and other multiple award schedule compliance.
Specialized U.S. Agency for International Development (“USAID”) Acquisition Regulation (“AIDAR”) issues.
Extraordinary Contract Relief and Indemnification under FAR Part 50.
Wage and fringe benefit requirements imposed by the Service Contract Act (“SCA”) and the Davis-Bacon Act (“DBA”), and related Fair Labor Standards Act (“FLSA”) issues.
Procurement Integrity Act issues (41 U.S.C. § 423).
Antitrust compliance and collusive bidding/independent price determination issues.
Foreign Military Sales and Foreign Military Financing requirements under Defense Security Cooperation Agency (“DSCA”) guidelines.
Export controls under the International Traffic in Arms Regulation (“ITAR”), the Arms Export Control Act (AECA) and other regimes.
Foreign Corrupt Practices Act (“FCPA”).
Restrictions on former Government employees -- “revolving door” limitations, and rules regarding Special Government Employees.
Federal grant compliance issues.
Audit response and compliance -- Defense Contract Audit Agency (“DCAA”), Government Accountability Office (“GAO”), and agency Inspectors General.
Establishing effective contractor compliance and ethical awareness programs.

Representative Matters

Drafted full range compliance program for international development contractor operating in 40 countries.
Advised a client regarding the structuring of an acquisition of a CAS-covered subsidiary to minimize CAS and DCAA audit issues.
Obtained a favorable Customs ruling for pharmaceutical manufacturer concerning designated country origin of drug product on VA FSS.
Prepared form materials for a U.S. manufacturer to facilitate compliance with Defense Security Cooperation Agency (“DSCA”) content disclosure and exception requests in Foreign Military Financing sales.
Survey of contract risks and strategic advice for risk mitigation at the prime contract, subcontract and internal compliance levels for a contractor under $7 billion USAID multiyear cost-reimbursement contract for the worldwide distribution of health supplies.
Evaluated antitrust risks in Department of Defense (“DoD”) privatization procurement and assisted a major U.S. manufacturer in structuring subcontract bidding procedures to address risks.
Advised a major IT services provider on compliance with wage and fringe benefit requirements of the SCA.
Advised a defense vehicle manufacturer regarding Buy American Act and Trade Agreement Act obligations.

More Representative Matters