Understanding and navigating “Buy American” laws and regulations, such as the Buy American Act, Trade Agreement Act, and the Berry Amendment, is becoming increasingly important for U.S. businesses. The area can be a confusing and complex interaction between domestic preference laws and international free trade agreements, with many exceptions and exemptions. There can be significant penalties for non-compliance. Williamson Law Group attorneys have significant experience advising clients on how to comply with all Buy American requirements, and representing clients for non-compliance issues or violations.

In the event your company suffers damages from a contract action or inaction by the government or a prime contractor, Williamson Law Group can develop and prosecute a claim to protect your rights and recover damages. We have helped clients in resolving claims with either litigation or through settlement reached well before trial. We are experienced in typical claims issues such as constructive changes, superior knowledge, differing site conditions, liquidated damages, and terminations, as well highly technical claims involving complex cost accounting and other issues such as economic price adjustment provisions, CAS compliance, Anti-Deficiency Act violations, and Truth in Negotiation Act price adjustments.

No matter how carefully a contract is drafted, there may be instances where one Party wishes to change the terms or restructure the contract. Williamson Law Group is experienced in restructuring and negotiating changes to government contracts. We have negotiated all types of changes to government contracts from minor changes to changing contract type and other complex restructuring“—For example, we have restructured cost reimbursable type contracts into firm fixed price contracts, as well as negotiated partial terminations and resulting contract restructuring.

Government contracts may be partially or completely terminated at any time by the Government. Terminations can be at the convenience of the Government, or may be for some alleged fault. Each termination type must be handled properly to receive your full settlement and mitigate future potential issues arising from the termination. Williamson Law Group has assisted clients in every type of termination, and is experienced at maximizing your settlement.

CRADAs are agreements to jointly perform research with a federal laboratory, accessing government resources. Under a CRADA, a federal laboratory is permitted to contribute Government personnel, services, facilities, and equipment to a joint effort to develop new technologies, but it may not provide appropriated funds. Because CRADAs are not subject to the FAR, and do not involve the payment of appropriated funds, they have fewer mandatory rules and regulations than are required in contracts. But individual agencies or laboratories sometimes include clauses that are not required, but pose significant risk–especially regarding intellectual property rights and ownership. Each CRADA must therefore be analyzed individually. We have significant experience analyzing CRADA terms and advising companies of the rights and risks involved in the agreement, and advising clients how to protect their critical intellectual property, maximize their rights and reduce risk.

Many contracts and federal assistance agreements with the federal Government are subject to special cost accounting and allowability rules under the Cost Accounting Standards (CAS), the Federal Acquisition Regulation (FAR) and OMB regulations. Understanding the rules for allowability and allocability of costs on government contracts and federal assistance awards is critical to maximizing legitimate cost recovery and complying with the myriad of cost allowability requirements imposed by these regulations and standards. In addition, contractors are subject to increasingly rigorous and comprehensive audits of their accounting practices and policies, particularly by the Defense Contract Audit Agency (DCAA). Williamson Law Group attorneys are experts in cost accounting matters and assist with internal CAS, FAR and OMB compliance and cost accounting rules and counsel clients in how best to respond to audit findings and concerns.

Under some circumstances the Government can exclude (debarment) or suspend all procurement activity with a contractor. Debarment and suspension may arise out of government audits and investigations such as False Claims Act actions and may involve a variety of underlying issues, such as cost mischarging, defective pricing, environmental incidents, false small business certifications or other business ethics matters.

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 and 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 help them litigate—and win.

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.

Grants and cooperative agreements are primary ways that the government funds projects to promote the public good and are a significant source of funding for many nonprofit organizations, research institutions, and for-profit companies. While grants and cooperative agreements are not government contracts, and are not subject to the FAR, they are still subject to strict regulatory requirements and compliance obligations. We regularly advise clients on compliance with grant and cooperative agreement terms, and have extensive experience negotiating prime agreements and sub-agreements. Like government contractors, grant and cooperative agreement recipients have increasingly become the targets of government audits, investigations, and enforcement actions. We have successfully represented clients in connection with agency audits, Office of Inspector General (OIG) and U.S. Department of Justice (DOJ) investigations, and other actions. We also have extensive experience assisting clients with conducting internal investigations of alleged misconduct and determining whether corrective action is warranted, including a potential disclosure to the government.

International government contracting activities span a spectrum starting with marketing, through contract formation and performance issues, to successfully managing disputes. The legal challenges include, Foreign Corrupt Practices Act (FCPA) and U.S. export control support (which continues throughout contract performance); assistance with business structure and foreign tax issues; payment guarantees, foreign subcontractor issues, and negotiation of issues as they arise during performance of international contracts. Williamson Law Group has experience in all aspects of international contracting.

Williamson Law Group attorneys have experience with the complex legal issues that face the Management and Operating (M&O) contractors that operate the Department of Energy (DOE) national laboratories and the National Nuclear Security Agency (NNSA) complex. We understand the special relationship between the Government and the contractor and how it effects legal actions, including such things as contract negotiation with the Government and subcontractors; prime contract and subcontractor disputes; handling sensitive internal and government agency investigations; compliance with DOE rules; cost allowability issues; and other government contracting issues. In addition, we have experience investigating and representing clients in Price Anderson Amendment Act (PAAA) enforcement actions with DOE.

Other Transaction Authority (OTA) agreements provide funding for innovative research projects or prototypes for federal agencies, without all the constraints of a typical contract, grant, or cooperative agreement. OTAs can include for-profit large or small companies, nonprofit organizations, and academic research institutions. Because they are known sources of innovative new technologies, nontraditional companies (those that typically do not work with the Government) are particularly encouraged to participate in OTAs. The flexibility of OTA terms, along with favorable rule changes, have made OTAs an increasingly popular choice for federal research and prototype development projects in recent years. However, OTAs carry risks that must be considered, and that vary by agency. We have experience structuring and analyzing OTA agreements and negotiating OTA terms to minimize client risk, and maximize intellectual property rights and other terms favorable for the client.

Contracts are only successful when you are paid a fair price at the right time. Williamson Law Group is experienced with all government contract payment terms, in both prime contract and subcontracts. We can help structure your proposal to include payment terms optimal to your business. We help you decipher the sometime confusing maze of contract types and payment terms, so you can make sound financial and business decisions. When your contract has not received funding or if you have not been timely paid Williamson Law Group will help to ensure your rights are protected.

Government contracts provide for equitable adjustments for changes, scope growth, delays, and other unforeseeable occurrences. Williamson Law Group works with management, program, accounting, and engineering personnel to develop strategies for recovery. We investigate the facts, formulate optimal legal theories and draft and present requests for equitable adjustment (REAs) to maximize your recovery.

Compliance with the wage and fringe benefit payment and related obligations under the Service Contract Act, the Walsh-Healey Public Contract Act, and the Davis-Bacon Act are key concerns for government contractors. Non-compliance with these requirements can lead to substantial back wage or fringe benefit liabilities, contract termination, or debarment from federal contracting. Williamson Law Group attorneys regularly provide guidance and representation on these wage and fringe benefit compliance issues. Our attorneys are also experienced with how the applicable requirements are affected by Collective Bargaining Agreements (CBAs), and asserting REAs to increase contract rates when a revised wage determination (WD) applies, or working with the client to assert a claim where needed.

Small businesses compete for government contracts and subcontracts in several categories including the 8(a) Business Development, Small Disadvantaged Business (SDB), Veteran-Owned, Service-Disabled Veteran-Owned, Historically Underutilized Business Zone (HUBZone), Women-Owned, and Mentor-Protégé. Large businesses must be sensitive to small business requirements as well–large businesses must meet required goals in small business subcontracting plans in many of their contracts. In addition, large businesses frequently team with small businesses under small business set-aside contracts. It is essential that both large and small businesses understand the unique requirements associated with these arrangements, as they have recently become the subject of increased scrutiny. Williamson Law Group is experienced in all areas of government contract small business practice and can help structure the business to avoid common pitfalls such as affiliation or other issues.