Government Contract Compliance: Responsible or Invasive?

 

Many businesses shy away from doing business with the federal government and some of the most cited reasons are: "too much paperwork"; "all the red tape"; "too many rules and regulations"; and, "to may intrusive compliance issues." While many of these concerns are reasonable I believe that it is worth the "pain" to "play" in the federal marketplace.

 

When you think about it, it is a responsible action for the government to be concerned how tax payer dollars are spent. But can this due diligence oversight become invasive and too burdensome? In the beginning most compliance requirements dealt with the contractor's behavior, ethics or how they paid their employees. We all want contractors who are honest and give value for the tax dollars they earn. The government also has a legitimate concern that certain classifications of employees (service employees) are paid in accordance with federal guidelines.

 

Now, however, these basic areas of compliance have grown to include requiring the contractor to report on themselves in a "true confessions" manner, report on personal compensation of owners and officers, and potentially even report how they voted in national elections. It can easily be argued that this type of compliance is too invasive and has little or nothing to do with effective policing of tax dollars spent

 

The bottom line is that you will have to decide whether or not to participate in the federal marketplace but if you do you will have no choice other than to be "compliant." One of the proactive things you can do for your business is to have a good working relationship with a law firm that has a seasoned and experienced government contracts practice. Use them as a sounding board to discuss your plan of action of how to minimize your risk

 

Listed below are just a few compliance related websites to give you an idea of what you might be facing; there are many more!

 

The Federal Awardee Performance and Integrity Information System (FAPIIS)

http://www.ppirs.gov/fapiis.html

 

E-Verify

http://www.uscis.gov

 

Davis-Bacon Wage Determinations

http://www.gpo.gov/davisbacon

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