The U.S. Government is always looking to work with qualified companies able to provide a good or service at a competitive rate. In fact, the U.S. Government is the world’s largest procurer of goods and services, with the Department of Defense accounting for the vast majority of said procurement.
However, while becoming a government contractor can be rewarding, fulfilling, and profitable, private companies must understand – and comply with – the regulations and requirements of the United States Government. This is where Government Contracts Law comes in.
What is Government Contracts Law?
In order to “bid” to provide a good or service to the government, private companies must adhere to complex statutes, regulations, and policies. These policies exist to encourage fair competition and proper stewardship of taxpayer funds. The complexity of these regulations, together with the unique process of resolving claims and litigation resulting from government contracts, have given rise to a legal specialization known as Government Contracts Law.
Government Contracts Law applies to the awarding, performance, and litigation of contracts that involve the federal government. Attorneys who work in Government Contracts Law work with clients to ensure compliance with the FAR (Federal Acquisition Regulations), FASA (Federal Acquisitions Streamlining Act), agency supplements to the FAR, strict labor laws, and many lesser-known laws unique to government contracting. They may also assist with support during bid protests, which are challenges to an award or its terms.
How are Government Contracts Different from Private Contracts?
Government Contracts Law differs significantly from the Universal Commercial Code (UCC), the set of laws governing private commercial contracts in the U.S. While commercial contracts are typically governed by a state’s local interpretation of the UCC, government contracts operate under different laws. Some significant differences are the fact that the government may terminate the contract at any time and that the government may unilaterally make changes to a contract at any time.
For these reasons, if your business plans to bid for a government contract, it’s vital to retain an attorney with experience in Government Contracts Law, and not just commercial contract law. The earlier in the process, you do this, the better, especially given that many of the current procurement regulations were designed to avoid favoritism and encourage fair competition. The ability to seamlessly navigate FAR and FASA, as well as manage bid protests, can position your business for success, even if you are a smaller organization.
Warner PLLC’s Experience with GovCon Law
Warner PLLC has extensive experience assisting government contractors and grant recipients through all phases of the procurement and performance life cycle. Our support includes bid protests, claims, appeals, and termination settlements, and we have extensive experience proactively addressing government-led audits and investigations.
For responsive, judicious guidance across all aspects of your government contracts law needs, talk to Warner PLLC today. Results-oriented and highly experienced, we are here to develop winning strategies for your organization.
