Williamson Law Group provides advice on the ethics and compliance issues all government contractors confront. We prepare Codes of Ethics and the related internal policies and procedures. We help our clients develop, enhance and implement their internal business ethics and compliance programs, encompassing the full range of statutory and regulatory requirements including Export Controls, the Procurement Integrity Act, organizational conflicts of interest, Standards of Conduct (including rules regarding gifts and gratuities), kickback prohibitions, the Davis Bacon and Service Contracting Acts, country of origin requirements, FAR disclosure commitments, and the National Industrial Security Program.

Many Government contracts and federal assistance awards may provide “defense articles and services,” controlled under the International Traffic in Arms Regulations administered by the US Department of State. Williamson Law Group has experience handling internal audits, internal investigations and voluntary disclosures where necessary. We also assist clients with government-initiated inquiries, subpoenas, and investigations on both the civil and criminal side of enforcement.

Foreign companies seeking to invest in the US defense industry typically must clear several complex regulatory hurdles. When the US target company is authorized to work with classified information, those include two similar but distinct processes to ensure that foreign ownership does not jeopardize national security: the Committee on Foreign Investment in the United States (CFIUS) and the Defense Security Service (DSS) evaluation of Foreign Ownership, Control or Influence (FOCI). The CFIUS and FOCI reviews are separate, but often run together and sometimes involve complex interactions. We have experience managing the processes and working with the relevant agency and the client to obtain required approvals. Our attorneys have significant experience developing compliant FOCI mitigation plans. We consider numerous factors, such as the type and sensitivity of the information that will be accessed; the source, nature, and extent of the FOCI; the foreign party’s record of compliance with pertinent US laws, regulations, and contracts. We work closely with the client to propose the best FOCI mitigation approach designed to protect the government interests, with the least impact to the client’s business. The mitigation plan then is subject to negotiation between DSS, the acquiring foreign entity, and other relevant parties. We can help handle these processes concurrently, and offer careful planning and strategic engagement with both agencies.

Williamson Law Group represents individuals, members of the press and organizations concerning information in the government’s possession. The Freedom of Information Act enables persons and groups to obtain information from the government through a “FOIA” request. The Privacy Act provides the right to ensure that the government keeps personal data confidential.

Government Inspectors General (IG) have broad powers to investigate suspected or alleged fraud or other compliance issues. IGs often have subpoena power, and can compel production of materials or persons. Williamson Law Group has broad experience assisting clients respond to IG subpoenas or other demands for information. We also proactively conduct privileged internal investigations to allow clients the option to voluntarily disclose and mitigate suspected compliance issues. Our goal is to resolve IG investigations—before they become public. We represent contractors in IG investigations involving claims, export regulations, the False Claims Act, the Foreign Corrupt Practices Act (FCPA) and many other issues. We have had substantial success resolving IG investigations without litigation, but where litigation is necessary we will represent your company in any forum required.

Under the US Industrial Security Program, the US government monitors and regulates the amount of “foreign ownership, control or influence” (FOCI) present in a defense contractor. A US defense facility that has an unacceptable level of FOCI can face revocation, suspension, or termination of its facility security clearance, disqualifying the contractor from further business involving classified information or programs. Williamson Law Group advises clients on complying with the Industrial Security Program, including the acquisition and maintenance of facility and personal security clearances, and methods available to eliminate or reduce the level of FOCI in a manner acceptable to US government regulators.

In an environment where government contractors are facing significant scrutiny by the government, Williamson Law Group assists clients in evaluating and conducting proactive internal investigations of suspected fraud, waste, and abuse in connection with the performance of government contracts and federal assistance awards or with alleged violations of statutes such as the Foreign Corrupt Practices Act (FCPA). We also have experience helping clients prepare for and respond to government audits, investigations and subpoenas involving the DCAA, Inspector Generals (IG), US Attorneys, and the Department of Justice. This experience ranges from assisting clients in DCAA and IG audits of costs to advising clients in response to subpoenas and search warrants issued by investigatory agencies. We have had substantial success resolving audits and investigation without litigation, but where litigation is necessary we will represent your company in any forum required. Our goal is to resolve enforcement matters—before they become public. We represent contractors in criminal and civil investigations involving claims, export regulations, the False Claims Act, the Foreign Corrupt Practices Act (FCPA) and other issues.

An Organizational Conflict of Interest (OCI) exists when work performed by a contractor on a federal contract provides: (a) unequal access to information about another contract; or (b) biased ground rules (for instance, writing a statement of work for another procurement); or (c) impaired objectivity (for instance, where a contractor evaluates an affiliate’s performance under another contract). An agency cannot issue an award to a contractor that possesses a significant OCI unless that OCI has been avoided, mitigated or waived. Additionally, unmitigated OCI can lead to the contractor having a contract terminated, or being suspended / debarred. We have significant experience working with clients and contracting officers to develop effective OCI mitigation plans or other methods to ensure the all interests are protected.

Criminal statutes and government regulations restrict source selection information and bid or proposal information, as well as impose restrictions on post-government employment. Williamson Law Group has extensive experience dealing with government procurement regulations and can advise in any aspect of procurement integrity and post-government employment.