Contractor Business Ethics and Compliance Programs

Government contractors and subcontractors are subject to complex and often confusing statutory, regulatory and contract requirements. To the extent that a contractor fails to establish control systems reasonably capable of complying with such requirements, it may incur substantial penalties, including contract termination, suspension and debarment proceedings, as well as statutory penalties under the civil False Claims Act (FCA). Further, since 2008, almost all government contractors and subcontractors have been legally required to have a comprehensive compliance program to prevent, detect and report violations of certain types of government contract requirements.

The attorneys in Holland & Hart's Government Contract's Group include the former Compliance Officer at a Fortune 100 company and other attorneys with substantial experience assisting clients with government contracts compliance issues and programs. We represent clients in developing and implementing compliance programs tailored to meet the unique terms and conditions and performance requirements contained in their government contracts. In that regard, we help the contractor to prepare Codes of Business Ethics and Conduct, Internal Audit Plans and Training Plans. We also assist clients in the performance of internal compliance reviews and to develop and present compliance training to company employees. In addition, our attorneys assist clients in responding to subpoenas issued by the various agency Inspectors General and civil investigative demands issued by Department of Justice relating to suspected noncompliance with government contracts requirements. We also represent clients seeking to avoid suspension and debarment from government contracting as a result of such violations.

Our attorneys have substantial experience in working with clients that have been accused or suspected of improper conduct on government contracts, including:

  • Defective pricing
  • Improper time charging
  • Multiple Award Schedule (MAS) contract Price Reductions Clause noncompliance
  • Procurement integrity misconduct
  • Product substitution
  • Country of Origin misrepresentations

Prompt and thorough attention to such allegations can often minimize the negative consequences.

Representative matters include:

  • Provided concentrated 2-day training course on GSA MAS contracting compliance to legal, operations and contract management staff at a large, publicly-traded technology company
  • Developed and implemented a comprehensive government contracts compliance program for an aircraft parts manufacturer in connection with an administrative agreement that allowed the company to avoid a debarment proceeding by the Air Force
  • Conducted an internal investigation and assisted an IT hardware manufacturer in connection with its response to a related GSA Office of Inspector General (OIG) subpoena relating to suspected noncompliance with the Trade Agreements Act
  • Represented a software manufacturer in connection with a Department of Justice/GSA OIG investigation into allegations of noncompliance with its MAS Contract Price Reductions Clause
  • Represented a GSA dealer in connection with a Department of Justice/GSA OIG investigation into allegations of noncompliance with its MAS Contract pricing disclosures and its MAS Contract Price Reductions Clause
  • Provide on-site and webinar training on government contracts legal issues to all types of government contractors

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