Regulatory Matters

Mahdavi Bacon Halfhill & Young routinely represents entities with regulatory and ethical issues, such as government contractors. Contractors to federal, state, and local government entities are subject to stricter standards and requirements than other businesses in the same industry, and often must file in specialized claim courts when contract terms are changed or the agency does not pay in accordance with its contract.

Federal government contractors are subject to the terms of the Federal Acquisition Regulations, which add to every contract with a federal agency myriad certifications and requirements regarding the contractor’s business, financial, and employment practices. Contractors are also subject to heavy scrutiny with respect to billing and accounting, and thus need advice and counsel regarding issues of fiscal integrity. Anti-kickback and fraud laws applicable to government contractors, including the False Claims Act, carry severe penalties and may result in suspension or debarment of a government contractor from future bids and procurements.

Additionally, service contractors are generally subject to the requirements of the Service Contract Act, which sets minimum wage rates and health and welfare fringe benefits for a range of common employment positions. Penalties for non-compliance with these requirements include unpaid wages and benefits, liquidated damages, attorneys’ fees, and debarment from government contracts.

There are also executive orders that impose further duties upon federal contractors with regard to their hiring and employment practices, and contractors owed by socially and economically disadvantaged individuals may be subject to the terms of the Small Business Administration’s 8(a) program. Most large government contractors must comply with affirmative action reporting requirements imposed by the Office of Federal Contract Compliance Programs.

Mahdavi Bacon Halfhill & Young assists contractors in complying with all of these regulations. The Firm also assists contractors in responding to government audits and addressing disputes with Contracting Officers, seeking equitable adjustments of contract terms, as well as other compliance and litigation issues. In addition, the Firm regularly drafts and reviews subcontracts and teaming agreements for contractors, and advises concerning issues of contract administration and enforcement.

Among other things, Mahdavi Bacon Halfhill & Young represents government contractors in the following:

• Government audits and investigations;
•  NDAs and related agreements;
•  Interpretation issues under the FAR;
• Claims review and analysis, particularly as to regulatory and ethical issues;
• Audits and investigations;
• FOIA requests and litigation;
• Interpretation of IP issues under the FAR