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.
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.
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