International government contracting covers a wide range of activities, beginning with initial marketing undertakings and continuing through proposal and contract negotiation and formation, to performance, disputes and termination. Companies face many hurdles in this process, including compliance with the Foreign Corrupt Practices Act (FCPA); U.S. export controls; foreign ownership, control and influence (FOCI); and simply understanding and appropriately responding to the wide range of the Federal Acquisition Regulation (FAR), the Defense Federal Acquisition Regulation Supplement (DFARS) based requirements that apply to all concerns wishing to do business with the U.S. government, whether as a prime or subcontractor. Jackson Kelly has the experience necessary to assist foreign concerns wishing to do business with the United States.
Foreign companies seeking to do business with the U.S. government need an understanding of the pertinent procurement laws and regulations. For example, the Foreign Military Sales program has its own rules under FAR and DFARS and other regimens. Foreign companies also must be aware of U.S. laws that provide “buy national” protections, such as the Buy American Act, the Trade Agreements Act and the Berry Amendment.
Jackson Kelly attorneys bring decades of experience to addressing these issues.
Represented large foreign multi-national company in negotiation of multi-million dollar claim arising under the U.S. Air Force upgrade of the F-16.
Represented one of the world’s largest high speed rail companies in negotiation of historic agreement with Amtrak, procurement activities in various states regarding high speed rail projects and communications with U.S. administration officials.
Assisted in negotiation of manufacturing subcontract for rail transportation equipment subject to unique Buy American restrictions of the Federal Transportation Administration on behalf of large foreign company.
Protested, on behalf of large multi-national company, a Buy American restriction in a major NASA procurement.
Click here to see relevant posts to the Jackson Kelly Government Contracts Monitor.