Navigating the FAR/DFARS: The Most Confusing and Little Known Clauses

We have fielded numerous calls from new clients asking the same question when it turns out they have violated a FAR provision: “Do they really expect me to read all of those regulations? How is someone supposed to understand everything that is in there?” Unfortunately, the answer is “yes” the government does expect you to know all of the FAR and DFARS clauses that are relevant to your work and to follow them to the letter. Not only that, but by virtue of the fact the FAR and DFARS are publicly available, all contractors are presumed to have acknowledge of all the clauses and understand them. This reality can be daunting for new company or even large well established businesses looking to enter the federal space. During this session we will look at some of the most confusing and poorly understood FAR and DFARS provisions to give you a leg up on your competition or be able to help your own companies or those you work with in navigating these areas of the law.

We will investigate:

• FAR and DFARS Data Rights Clauses
• Mandatory Disclosure Requirements
• Employee Compensation Reporting Requirements
• Small Business Recertification under the FAR and 13 CFR
• Allowable Costs Provisions
• IDIQ Ordering Procedures
• And many more!

Instructor Tim Valley is an associate attorney with PilieroMazza who represents businesses in a variety of government contracting matters. He is experienced with bid protests at GAO and COFC and size and status protests before SBA. Tim also advises government contractors on regulatory compliance matters, focusing on issues specific to the small business programs and data rights for intellectual property. As a member of PilieroMazza’s False Claims Act and Audits & Investigations Team, his regulatory compliance work extends to helping companies identify and mitigate risks of noncompliance in the event of an audit or investigation.

Instructor Christine Fries is an associate attorney with PilieroMazza who represents commercial businesses in a wide variety of government contracting matters. She counsels clients on maintaining compliance with the Federal Acquisition Regulation and small business regulations. This includes issues related to eligibility for and participation in the Small Business Administration’s (SBA) small business federal procurement programs.