Government Contracting

Understanding Government Contracting

Government contracting offers businesses significant opportunities, but it also comes with strict rules, complex regulations, and the risk of serious legal consequences. Companies that contract with federal, state, or local governments must comply with a wide range of laws and regulations, including the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and numerous agency-specific guidelines.

Violations of government contracting rules can lead to severe consequences, including contract termination, suspension, debarment, fines, and even criminal prosecution. Government contractors can face investigations and enforcement actions for a wide range of alleged violations, including:

False Claims Act (FCA) Violations: Submitting false or fraudulent claims for payment, inflating costs, or delivering substandard goods or services.
Procurement Fraud: Engaging in bid-rigging, collusion, or providing false certifications during the bidding process.
Contract Misrepresentation: Making false statements or providing misleading information to secure a government contract.
Product Substitution or Non-Compliance: Delivering goods or services that do not meet contract specifications.
Anti-Kickback Violations: Offering or accepting payments, gifts, or other benefits to influence contract awards.
Bribery and Corruption: Offering anything of value to government officials to obtain or retain business.
Export Control Violations: Failing to comply with the International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR).
Misallocation of Costs: Charging unallowable costs to government contracts, shifting costs between contracts, or misrepresenting costs.

Government contracting violations can be investigated by a wide range of federal agencies, including the Department of Justice (DOJ), Department of Defense (DOD), General Services Administration (GSA), Small Business Administration (SBA), Department of Homeland Security (DHS), and the Office of Inspector General (OIG) for various federal agencies.

Our Approach to Government Contracting Defense: Strategic, Proactive, and Comprehensive

At A Einhorn Law, we understand the unique challenges that government contractors face. Our approach is built on providing a strong, proactive defense that protects your business, your reputation, and your future.

Comprehensive Contract Review: We begin by conducting a detailed review of the contract, applicable regulations, and the allegations against you. This allows us to identify potential weaknesses in the government’s case.
Early Intervention and Risk Assessment: We take immediate action to assess the situation, communicate with government agencies, and protect your rights. Early intervention is critical to achieving a favorable outcome.
Challenging the Government’s Evidence: We critically analyze the evidence against you, challenging the accuracy of cost calculations, the validity of compliance allegations, and the credibility of government witnesses.
Strategic Negotiation: If the case involves a civil or administrative matter, we engage in strategic negotiations with government agencies to resolve the matter favorably, avoiding suspension, debarment, or criminal charges.
Defending Against Related Charges: Government contracting investigations often lead to additional allegations, including False Claims Act violations, fraud, wire fraud, conspiracy, and obstruction of justice. We are prepared to defend you against any related charges.
Compliance Advisory and Risk Mitigation: For clients seeking to strengthen their compliance programs, we provide proactive guidance on best practices for government contracting compliance, risk management, and regulatory adherence.

Whether you are a prime contractor, subcontractor, or individual executive accused of violating government contracting rules, we are here to protect your rights and secure the best possible outcome.

Why Choose Us for Government Contracting Defense?

When facing government contracting investigations or enforcement actions, choosing the right defense attorney is critical. At A Einhorn Law, we offer a unique combination of experience, skill, and personalized representation. Here is what sets us apart:

Elite BigLaw Background: Our firm’s experience includes nearly a decade of handling complex, high-stakes government contracting cases at a top-tier BigLaw firm, including False Claims Act, procurement fraud, and regulatory compliance.
Strategic, Compliance-Focused Defense: We do not take a one-size-fits-all approach. Instead, we tailor our defense strategy to the specifics of your case, challenging the evidence and protecting your rights.
Deep Understanding of FAR and DFARS: We have extensive experience navigating the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and other government contracting rules.
Strong Negotiation and Litigation Skills: Whether resolving your case through negotiation with government agencies or defending you in court, we bring experience, preparation, and determination to every stage.
Discretion and Reputation Protection: Government contracting violations can damage your business and your professional reputation. Our practice is built on maintaining client privacy and resolving cases with minimal exposure.
Selective, Client-Focused Representation: Our practice is intentionally selective. We take on fewer cases to ensure that each client receives focused, high-caliber representation.

A Einhorn Law is here to defend your rights, protect your business, and secure your future — with the experience, strategy, and dedication that complex government contracting cases demand.