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Another Top 10: "DOs" & "DON'Ts" In Government Contracting - by Sheppard Mullin (A Legal Point Of View)

 

Do assure that the Government person with whom you are dealing has actual authority to bind the Government.

 

Do remember to "get it in writing."

 

Do recognize that the Government wants your intellectual property -- address that issue before you sign a contract.

 

Do treat certifications in your contracts with a seriousness of purpose - unless you have a thing for orange jump suits and iron bars.

 

Do seek "commercial item" status whenever possible - it mitigates significant cost, accounting, and IP risks.

 

Don't for a moment think that subcontractors are not "Government contractors" - just read the flow downs if you ever think otherwise.

 

Don't treat your Multiple Award Schedule Contract as just another commercial contract -- the items may be "commercial" but the contract most assuredly is not.

 

Don't have your "Compliance" and "Contract Administration" functions report through "Sales" - you will be "uncomfortable" explaining that hierarchy in an enforcement proceeding.

 

Don't take the client to lunch.

 

Don't ever underestimate the multi-layered power of the Government - or its willingness to use it against you.




Disclaimer: Information provided is based on our experience, training, and judgment in interpreting the practical application and intent of official guidance and regulations.  It does not represent the official position of any government agency or their representative.