Government Contractors & Regulated Industries

Government contracts are governed by a complex set of federal and state regulations that create specific rights and obligations for both the contractor and the government agency. Disputes over scope of work, change orders, payment delays, and contract terminations require legal counsel who understands both the contract terms and the regulatory framework that governs the relationship.

We review and negotiate government contracts, identifying problematic clauses, assessing compliance obligations, and making sure the contractor understands their rights and obligations before signing. The terms of a government contract govern the entire relationship, and having experienced legal counsel review them before execution changes the outcome when disputes arise.

• Scope of work and change order disputes with government agencies
• Payment delay and prompt payment act claims
• Constructive change and differing site conditions claims
• Government contracting officer decision disputes and appeals

Government contractors face ongoing compliance obligations under federal acquisition regulations, cost accounting standards, and industry-specific regulatory requirements. A compliance failure identified during a government audit can result in contract termination, debarment, and significant financial liability. Managing compliance proactively is far less expensive than responding to a government investigation after the fact.

We help government contractors understand and meet their compliance obligations under federal acquisition regulations and industry-specific requirements. Compliance is an ongoing obligation, not a one-time exercise, and we support contractors through every government audit, compliance review, and regulatory change that affects their operations.

• Federal acquisition regulation compliance gaps
• Cost accounting standard violations and audit findings
• DCAA audit response and cost disallowance defense
• Industry-specific regulatory compliance failures

Government contractors frequently use subcontractors and teaming partners to fulfill contract requirements. When a subcontractor underperforms, disputes payment terms, or violates compliance obligations, the prime contractor bears responsibility to the government agency. Managing these relationships through strong subcontract and teaming agreements is essential to protecting the prime contractor's position.

We draft subcontract agreements and teaming agreements that clearly define scope, payment terms, compliance obligations, and dispute resolution procedures. Managing subcontractor relationships through strong agreements protects the prime contractor from being held responsible for a subcontractor's performance failures or compliance violations.

• Subcontractor nonperformance affecting prime contract obligations
• Teaming agreement disputes over workshare and compensation
• Subcontractor compliance violations creating prime contractor liability
• Flow-down clause disputes in subcontract agreements

Government contract terminations, whether for default or convenience, and debarment proceedings are among the most serious legal events a government contractor can face. A termination for default or a debarment determination can effectively end a contractor's ability to do business with the government. Responding to these actions quickly and correctly requires experienced legal counsel who understands the process and the available remedies.

We represent government contractors in termination proceedings and debarment actions, assessing the government's position, identifying available remedies, and pursuing the most efficient path to resolution. When a contractor's ability to do business with the government is at stake, a fast and experienced legal response is critical.

• Termination for default notices and conversion to termination for convenience
• Show cause and cure notice responses
• Debarment proceeding defense and suspension response
• Termination settlement and cost recovery negotiations

Government contractors face significant exposure under the False Claims Act, which imposes liability for false or fraudulent claims submitted to the government. False Claims Act investigations can be triggered by a whistleblower, a government audit, or a compliance review, and the financial consequences, including treble damages and civil penalties, can be existential for a contractor who does not respond correctly from the start.

We help government contractors respond to False Claims Act investigations, assessing exposure, building the factual record, and pursuing the most efficient resolution. We also help contractors put compliance programs in place that reduce False Claims Act exposure before an investigation is triggered by a whistleblower or government audit.

• Whistleblower qui tam lawsuit response and defense
• Government investigation response and document production
• Billing and cost certification compliance reviews
• False Claims Act compliance program development

Government contractors face specific employment law obligations that go beyond standard commercial employers, including affirmative action requirements, prevailing wage obligations under the Davis-Bacon Act and Service Contract Act, and E-Verify requirements. Non-compliance with these obligations can jeopardize existing contracts and disqualify the contractor from future government work.

We help government contractors meet their employment compliance obligations, advising on prevailing wage requirements, affirmative action plan development, and E-Verify compliance. Getting employment compliance right is a prerequisite for maintaining government contracting relationships, and the consequences of getting it wrong extend far beyond a single contract.

• Davis-Bacon Act and Service Contract Act prevailing wage violations
• Affirmative action plan compliance and OFCCP audit response
• E-Verify requirement compliance gaps
• Employment disputes affecting government contract eligibility

Government contractors need legal counsel who understands the federal acquisition regulatory environment, the compliance obligations that define the industry, and the termination and debarment proceedings that can end a government contracting relationship overnight. Pomeranz Law provides practical, business-focused legal counsel that understands how government contractors operate and what they need to protect their relationships with government agencies.

• We understand the FAR compliance, False Claims Act, and termination dynamics unique to government contractors
• We draft subcontract and teaming agreements that protect the prime contractor when a subcontractor fails
• We respond to termination notices and debarment actions quickly, before the government's position hardens
• Transparent, practical counsel without the overhead of a large firm