Government Contracts
- Proposals, Contracts and Subcontracts
- Intellectual Property Rights
- Claims for Equitable Adjustment and Dispute Resolution
- Quit Tam (Whistle Blower) Litigation
- Corporate Compliance Programs
- International Contracting and Export Compliance (EAR and ITAR)
- Training
Fillmore Spencer represents small and medium-sized businesses that contract with state, federal, and foreign government agencies and their contractors. Joe Hepworth has more than two decades of experience in government contract law, most of which was in-house for major defense and aerospace contractors.
The firm has experience reviewing and negotiating prime contracts and subcontracts, both as the prime and the sub. Joe Hepworth was one of the principal authors of the first edition of the American Bar Association's Guide to Fixed-Price Supply Subcontract Terms and Conditions. He understands the complexity associated with the intersection between the Federal Acquisition Regulations (FAR) and the Uniform Commercial Code, and can provide advice based on experience that will assist contractors and subcontractors in identifying significant contracting and subcontracting risks and writing contracts and subcontracts that will proactively manage those risks to protect a growing business. He also has broad experience in negotiating and resolving disputes related to teaming agreements and joint ventures.
Attorneys in the firm have experience in assisting contractors with internal audits and investigations, corporate compliance programs, procurement integrity issues, adequacy of internal controls, and government reviews of estimating, property and procurement systems.
The firm can assist vulnerable contractors in protecting key intellectual property in a complex field that, quite frankly, most intellectual property attorneys without government contract experience simply do not understand. The firm can assist companies with drafting nondisclosure agreements and covenants not to reverse engineer, licensing intellectual property, and protecting trademarks, copyrights and trade dress.
Fillmore Spencer has experience in preparing and negotiating claims for equitable adjustment -- both with the Government and with prime contractors. When negotiation does not result in an acceptable resolution, the firm can assist contractors in appealing the denial of a contracting officer's final decision to the Boards of Contract Appeals or the U.S. Court of Federal Claims, or litigating, arbitrating or mediating subcontract disputes. The firm also has experience in terminations for convenience and default, defective pricing and false claims allegations, and qui tam (whistle blower) litigation, representing both whistle blowers and contractors.
Fillmore Spencer attorneys also have broad experience in international contracting. They can assist companies with negotiating contracts under international law and provide expertise related to export compliance under both the Export Administration Act (EAR) and the International Traffic in Arms Regulations (ITAR). The firm can assist a contractor in determining whether products or services it provides are defense articles or significant military equipment (SME) under the ITAR, registering with the State Department's Directorate of Defense Trade Controls (DDTC), and preparing voluntary disclosures to the State Department's Office of Defense Trade Controls Compliance (DTCC) in the event of an unauthorized export.
The Firm is willing to provide a broad range of training to its clients' employees to assist them in understanding and responding to the risks and responsibilities of contracting with government entities.
