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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

"“Mere allegations of fraud do not divest the Board of jurisdiction” – Government’s Motion to Dismiss Denied When It Cannot Prove that Appeal Resolution Depends on a Factual Determination of Fraud," Government Contracts Bullet Points (May 7, 2021). Contacts: Stephen J. McBrady, Brian Tully McLaughlin, Lyndsay A. Gorton, Catherine O. Shames
Client Alert/Newsletter
"Biden’s First 100 Days: Developments to Date and What Lies Ahead," Climate Law & Environmental Finance Update (May 7, 2021). Contacts: James G. Flood, Michael K. Atkinson, Tim Shadyac, Troy A. Barsky, Byron R. Brown, Caroline E. Brown, Robert A. Burton, Matthew Cohen, Kelly T. Currie, Jodi G. Daniel, W. Scott Douglas, Carina C. Federico, Paul Freeman, Thomas P. Gies, Alexis J. Gilman, Christine B. Hawes, Robert Holleyman, Stacie Heller, S. Starling Marshall, Shelley Su, Jeane A. Thomas, CIPP/E, Scott L. Winkelman, Tiffany Wynn
Client Alert/Newsletter
"Byte-Sized Q&A: Tell me about FedRAMP," Podcast: Byte-Sized Q&A (May 6, 2021). Contact: Kate M. Growley, CIPP/G, CIPP/US
Client Alert/Newsletter
"Fastest 5 Minutes: Minimum Wage for Contractors and Bid Protests (May 5)," Podcast: Fastest 5 Minutes in Government Contracts (May 5, 2021). Contacts: Peter Eyre, Monica DiFonzo Sterling
Client Alert/Newsletter
"Speak Now Or Forever Hold Your Protest: Intervenor’s Silence Waives Future Protest Grounds," Government Contracts Bullet Points (May 5, 2021). Contacts: Eric M. Ransom, Robert J. Sneckenberg
Client Alert/Newsletter
The Top Healthcare FCA Developments Of 2020 (May 4, 2021). Authors: Michael E. Shaheen, Matthew P. Vicinanzo, and Payal Nanavati.
Publications
Tech & Trade: A Look at New Opportunities & Risks Washington Lawyer (May 4, 2021)
Media Mentions
"Paycheck Protection Program Investigations," Investigations: Readiness and Response Webinar Series (April 30, 2021). Presenters: Olivia Lynch, Amy Laderberg O'Sullivan, Rebecca Monck Ricigliano, and Tiffany Wynn.
Speech/Presentation
"All Things Protest: Evolving Developments in Awardee Standing (April 2021)," Podcast: All Things Protest (April 30, 2021). Contacts: Olivia Lynch, Christian N. Curran
Client Alert/Newsletter
"President Biden Signs Executive Order Mandating $15 Minimum Wage for Certain Employees on Certain Federal Contracts," (April 29, 2021). Contacts: Lorraine M. Campos, James G. Flood, Kris D. Meade, Rebecca L. Springer, Jillian Ambrose, Rina M. Gashaw
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, 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, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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