Compliance Counseling & Training

• Pharmaceutical pricing issues that arise under VA Federal Supply Schedule, including Federal Ceiling Price calculations and avoidance of liability under the Price Reduction clause.
• Country of origin requirements under the Buy American Act, Trade Agreements Act, Berry Amendment, and other requirements of FAR Part 25 and other laws.
• Cost Accounting Standards and cost allowability under FAR Part 31 and the DFARS.
• Mandatory disclosures under the FAR and FAPIIS
• Small Business Act compliance -- small business/SBIR eligibility and partnering limitations, small business subcontracting requirements, joint venture and minority/disadvantaged contracting and subcontracting programs.
• Data privacy requirements applicable under government contracts.
• Rights in 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 conflict of interest rules.
• Byrd Amendment and other lobbying restrictions.
• Subcontract “flowdown” analysis for prime and subcontractors.
• FSS and other multiple award schedule compliance.
• Minimum wages and fringe benefits imposed by the Service Contract Act and the Davis-Bacon Act.
• Procurement Integrity (41 U.S.C. § 423).
• Antitrust compliance; collusive bidding/independent price determination issues.
• Foreign Military Sales and Foreign Military Financing requirements under DSCA guidelines.
• Export controls.
• Foreign Corrupt Practices Act.
• Restrictions on former Government employees -- “revolving door” limitations, and rules regarding Special Government Employees.
• Federal grant compliance issues.
• Audit response and compliance -- DCAA, GAO, Inspectors General.

Representative Matters

• Advice to various pharmaceutical manufacturers regarding price reduction clause issues under VA FSS contracts.
• Provision of comprehensive training to pharmaceutical manufacturer regarding compliance with VHCA pricing obligations to federal and 340B entities.
• On-site training to legal and business personnel of a DoD contractor regarding compliance obligations, including domestic sourcing requirements.
• Advice regarding the structuring of an acquisition of a CAS-covered subsidiary to minimize CAS and DCAA audit issues.
• Drafting of policies governing mandatory disclosures under the FAR and required FAPIIS reporting.
• Preparation of form materials for US manufacturer to facilitate compliance with DSCA U.S. Content disclosure and exception requests in FMF sales.
• Survey of contract risks and strategic advice for risk mitigation at the prime contract, subcontract and internal compliance levels for contractor under $7 billion USAID multiyear cost-reimbursement contract for the worldwide distribution of health supplies
• Systematic review and risk analysis of portfolio of government contracts held by client’s newly-acquired subsidiary.
• Evaluation of antitrust risks in DoD privatization procurement and assistance to major US manufacturer in structuring subcontract bidding procedures to address risks.
• Advice to major IT services provider on compliance with wage and fringe benefit requirements of the Service Contract Act.
• Advice to defense vehicle manufacturer regarding Buy American Act and Trade Agreement Act obligations.
• Preparation of subcontract flowdown analysis for various types of subcontract arrangements for large defense contractor.
• Advise to an international audit firm on structuring a global compliance program to address government contracting compliance.