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Compliance and Ethics

 

Government contractors are one of the most highly regulated group of businesses, and the regulations are only increasing and becoming more complex.  Williamson Law Group has extensive experience providing powerful compliance solutions, including performing attorney-client privileged internal investigations, compliance reviews, advising and establishing rigorous compliance programs, drafting Codes of Conduct and Compliance Policies, and providing compliance training for government contractors. 

Compliance and ethics is a minefield of regulations and laws.  Many of these laws are criminal, and carry substantial personal liability to government contractors.  Our attorneys can help you identify and avoid the pitfalls.  If you are already facing problems, such as IG or other subpoenas, a show-cause letter, fines, penalties or potential criminal sanctions, our attorneys are ready to provide legal services to mitigate and recover with minimal impact to your business.

Your trusted partner for assured compliance and ethics.

Government Acquisitions
Intellectual Property Rights Under Government Contracts

  • 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.

  • 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.

  • 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.

  • 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.

  • The False Claims Act (FCA) is available to the Government and private whistleblower (qui tam) plaintiffs for a broad spectrum of alleged frauds committed under government contracts and federal assistance grants. Government contractors and grantees are at risk that the Government or private plaintiffs will allege violations of the FCA and claim significant damages and penalties based on the FCA's remedies for treble damages and statutory penalties per claim. Williamson Law Group is experienced at investigating the alleged misconduct and assisting clients take the appropriate actions to mitigate impact on the company.

  • The Truth in Negotiations Act (TINA) imposes strict financial disclosure responsibilities on government contractors. Where TINA applies, your company must certify that, to the best of its knowledge, its "cost or pricing data" are accurate, current, and complete as of the date of agreement on price. The Government has the right to audit the company's records to ensure that cost or pricing data are current, accurate, and complete. Failing to fully comply with TINA is a violation of law—known as "defective pricing"—subjecting your company to a unilateral price reduction and opening you up to civil and criminal penalties. We help clients avoid defective pricing allegations by counseling them on TINA requirements and assisting them to fully comply with the law. If a defective pricing issue is raised, we help the company respond to and negotiate post-award audit allegations. And, if negotiations break down, we litigate.

  • 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.

  • 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.