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Government contractors are required to comply with the Mandatory Disclosure Rule (FAR 52.203-13), despite its lack of clearly defined terms or any formal guidance concerning how it is to be interpreted or applied. However, to the extent a contractor is deemed to have failed to comply, it can face severe consequences, including suspension and debarment. Crowell & Moring’s nationally recognized Government Contracts Group can use its government-side experience and deep understanding of government contracts law and regulations to help clients navigate the mandatory disclosure process, including the related investigations and interactions with the government to reduce and mitigate those consequences.

We understand the disclosure process from the inside out. Our team includes a former suspending and debarring official and co-chair of the Department of Defense and NASA Procurement Fraud Working Group; a former senior official from the Defense Contract Management Agency and Defense Contract Audit Agency; a former Department of Defense procurement fraud remedies official; and numerous former senior agency administrators and federal prosecutors.

Services

Drawing on the experienced lawyers of our Government Contracts Group — ranked by peers and clients as a leading national practice by Chambers USA — Crowell & Moring helps clients identify and analyze potential disclosable violations, determine whether disclosure is warranted, draft an appropriate disclosure, assist with the development of corrective actions, and cooperate with government stakeholders during their subsequent review and investigation.

We understand that appropriate disclosures can enhance credibility with regulators, mitigate risks, establish strong defenses, and evenhandedly present the contractor’s perspective to investigating agents before they form their opinions. We provide effective counsel at every step in the process, and are particularly sensitive to the fact that a given disclosure, once submitted to a specific agency, becomes available to numerous auditors, inspectors general, investigating agents, debarring officials, contracting officers, and others from a range of government departments. As this sharing of information can broadly impact a company’s enforcement risk, we also track mandatory disclosures across industries to provide advance notice of future enforcement activities and help clients enhance internal controls in potentially problematic areas.

We regularly advise contractors facing regulatory and law enforcement requests for additional information, companies targeted in formal agency investigations, and clients in receipt of show-cause letters or requests for information from debarring officials.

Experience

Crowell & Moring’s disclosure team comprises a multidisciplinary group of lawyers with extensive experience dealing with all key U.S. military, civilian and intelligence agencies, including the:

  • Department of the Air Force
  • Department of the Navy
  • General Services Administration (GSA)
  • Department of Homeland Security
  • Department of Education
  • Environmental Protection Agency (EPA)
  • Defense Logistics Agency

View More

"GSA Requiring Mass Modification to MAS Solicitation and Will Issue Mass Bilateral Modifications to All Multiple Award Schedule Contracts to Prohibit Use of Huawei/ZTE Equipment," Government Contracts Bullet Points (August 4, 2020). Contacts: Lorraine M. Campos, Adelicia R. Cliffe, Alan W. H. Gourley, M. Yuan Zhou, Stephanie L. Crawford
Client Alert/Newsletter
"Funds Today, Investigation Tomorrow: SBA OIG Warns of Serious Concerns of Rampant Fraud with COVID-19 Relief Funds and Calls for Immediate Action," Government Contracts Bullet Points (August 4, 2020). Contacts: Mana Elihu Lombardo, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Preston L. Pugh, Lyndsay A. Gorton, Olivia Lynch
Client Alert/Newsletter
Trusted Investigations Counsel and Court-Appointed Monitor Preston Pugh Joins Crowell & Moring (Aug.03.2020)
Firm News/Announcement
Crowell & Moring Hires False Claims Act Duo In Washington Bloomberg News (August 3, 2020)
Media Mentions
Crowell Ramps Up Hiring Amid Expected Rise In COVID-19 Relief Investigations American Lawyer (August 3, 2020)
Media Mentions
Crowell & Moring Taps Miller & Chevalier Partner, DC Prosecutor, Expecting False Claims Flood Reuters (August 3, 2020)
Media Mentions
"Fastest 5 Minutes: Section 889 Special Edition (July 31)," Podcast: Fastest 5 Minutes in Government Contracts (July 31, 2020). Contacts: Adelicia R. Cliffe, Peter Eyre
Client Alert/Newsletter
"All Things Protest: Out of Bounds - Agency Boundaries in Technical Evaluations (July 2020)," Government Contracts Bullet Points (July 30, 2020). Contacts: Christian N. Curran, Robert J. Sneckenberg
Client Alert/Newsletter
Lessons From OIG Relief Funding Oversight Report (July 30, 2020). Authors: Lorraine M. Campos, Jacinta Alves, Brian Tully McLaughlin, Gail D. Zirkelbach, Stephanie L. Crawford, and Lyndsay A. Gorton.
Publications
"GSA Panel to Discuss New Section 889 Interim Rule Implementation," Government Contracts Bullet Points (July 29, 2020). Contacts: Lorraine M. Campos, Adelicia R. Cliffe, Alan W. H. Gourley, M. Yuan Zhou, Stephanie L. Crawford
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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