Selling to the U.S. Federal Government

The federal government is the world’s largest and most complex customer and it is actively seeking innovative technologies—from AI-powered defense systems to secure software, logistics solutions, and professional services.

But cutting-edge technologies alone are not enough to be successful when selling to the government. Selling to the federal government requires knowledge and creativity to navigate and comply with evolving acquisition regulations, export requirements, and national security obligations that impact all functions of a business.

Cassidy Law works with you to understand these complex requirements and to adapt your operations to meet these demands. We support tech-forward companies, those new to selling to the federal government as well as experienced prime and subcontractors and suppliers, both in the U.S. and outside of the U.S., by working with you to understand your business and risk appetite, helping you understand legal requirements so you can build an infrastructure that enables you to grow, compete, scale, and deliver.

Instilling confidence with federal government buyers and prime contractors takes more than a compelling technology or service; demonstrating that your business understands and complies with regulations is vital to success.

Cassidy Law collaborates with U.S. and non-U.S. organizations through every stage of the federal government acquisition lifecycle, from market entry to contract closeout, so you have clarity on requirements and disciplined compliance with the federal acquisition process, national security requirements, and legal obligations when working across borders.

Early Market Entry and Business Development

Before a solicitation is issued, positioning matters. We help clients:

• Understand how agencies buy, budget, and evaluate emerging capabilities;
• Navigate market research, RFIs, and early engagement with contracting officers and program officials;
• Assess client strategies for interacting with federal government personnel and develop procedures so plans are consistent with Federal Acquisition Regulation (FAR) and ethics rules;
• Determine if an Other Transaction Authority (OTA), Small Business Innovation Research (SBIR), or sole source award may be appropriate;
• Create, execute, and improve FAR and OMB-required ethics and compliance programs that reflect your business risk tolerance within a framework that complies with the law.

Registrations, Certifications and Disclosures

The path to federal government contracting starts with getting the details right. At Cassidy Law, we support you as you pursue and update registrations, certifications, and disclosures that unlock access to federal government opportunities—so you can focus on growth. We help you with:

• SAM.gov registration and Commercial and Government Entity codes (CAGE);
• Small business certifications (Woman Owned, Veteran Owned, Service Disabled Veteran Owned, 8(a), HUBZone);
• Software and secure development attestations;
• Buy American Act/Trade Agreements Act analysis and certifications;
• Section 889 and supply chain-related disclosures;
• International Traffic in Arms Regulations (ITAR) registrations and export licenses and registrations.

Solicitations and Proposals

When opportunities crystallize, understanding how best to present your capabilities as well as understanding the legal requirements is critical. We support clients by:

• Reviewing and decoding RFPs, RFIs, and solicitations;
• Interpreting FAR, DFARS (Defense Federal Acquisition Regulation Supplement), and OMB Uniform Guidance;
• Advising on contract types, teaming arrangements, joint ventures, and subcontracting strategies;
• Refining statements of work to reflect capabilities while making sure expectations are clear.

Negotiation and Contract Award

Once a contract has been awarded or negotiations start, you need to manage legal, financial, and performance risk and understand what leverage you may have. We assist with:

• Negotiating with federal agencies, prime contractors, and subcontractors;
• Structuring terms that align regulatory compliance with your business’ realities;
• Developing strategies to identify and mitigate performance, pricing, and compliance risks before award.

Contract Performance

After award, execution is everything. We work with you to:

• Understand your contractual obligations as defined in your statement of work and in the regulations;
• Review contract modifications and amendments;
• Seek modifications or amendments to your contracts and subcontracts when circumstances change;
• Communicate with your contracting officer on performance requirements;
• Implement procedures that support contract performance such as contract kick-off policies;
• Stay up-to-date on changing regulations that impact your performance.

Contract Closeout and Beyond

Federal government contracts do not end at final delivery. We advise on:

• Contract closeout obligations and audit readiness;
• Lessons-learned to strengthen positioning for future opportunities;
• Long-term compliance strategies that support sustainable growth in the federal marketplace.

Scalable Ethics and Compliance Programs

Throughout the procurement process, your capability to comply with the law and to operate with integrity helps you stand out from competitors when seeking business with primes or the federal government. It is also a legal requirement that you build and manage an ethics and compliance program. At Cassidy Law, given our experience working for the government and in-house with large, global companies as well as with small startups, we understand that an ethics and compliance program also needs to fit how your company operates, your culture, and risk tolerance so all your stakeholders understand what is required and know where to seek help. We will work with your business to build programs that are:

• An actionable governance framework for your leaders and your board;
• Built around a risk assessment that aligns with your business goals and risk tolerance;
• Effective at training so your employees can identify risks and so legal requirements are approachable for your employees and business partners;
• Based on policies and procedures that give support to comply with risks such as:
  o Anti-corruption
  o Ethics and gift rules
  o Recruiting and hiring government personnel
  o Procurement integrity
  o Business development
  o Personal conflicts of interest
  o Organizational Conflict of Interest (OCI)
  o Lobbying and political contributions
  o Export controls and trade sanctions
  o DCSA and NISPOM requirements
  o Mandatory disclosures

Federal government contracting creates exciting opportunities that can provide research and development funding as well as a robust market for your products, software, and services as you grow and innovate. Missteps can cost you contracts, capital, and credibility. At Cassidy Law, we bring deep experience working with global corporations and startups alike. Whether you are preparing your first proposal or scaling an international defense business, we tailor our support to fit your goals, operations, and stage of growth. We are driven to partner with you to develop a legal strategy that’s as forward-thinking as your technology, so you can continue to deliver, innovate, and grow in the government space.

• Developed and implemented a FAR-required ethics and compliance program for a defense contractor under criminal, civil, and administrative investigation that the Suspension and Debarment Official determined demonstrated the contractor’s present responsibility.
• Developed a large trade association’s FAR and Uniform Guidance-required ethics and compliance program as it started performing federal government contracts, grants and cooperative agreements.
• Developed a U.S.-based global, publicly traded company’s code of conduct, annual ethics and compliance training and its trade and export compliance program.
• Advised an Alaska Native corporation by working with its General Counsel and its IT team on its policies and procedures for both its federal government contracting divisions and its commercial divisions to comply with Cybersecurity Maturity Model Certification (CMMC).
• Worked with the legal and compliance team of a publicly traded company under investigation for False Claims Act violations and for breaching its federal government contracts to develop a tailored ethics and compliance training program and delivered the training across the organization.
• Developed and helped manage a global, publicly traded U.S.-based cleared defense contractor’s FAR, export, and NISPOM-required ethics and compliance program.
• Advised a U.S.-based company that sourced globally on its supply chain to determine if its products met Buy American Act (BAA) and Trade Agreements Act (TAA) requirements.
• Advised Austrian company on BAA and TAA requirements.
• Collaborated with M&A counsel to private equity on assessing the legal risks for purchasing small businesses to include the status of its existing set-aside contracts and on filing and updating its SAM and CAGE codes.
• Advised a U.S.-based entity whose board was controlled by a non-U.S.-based entity on its NISPOM requirements.
• Advise U.K.-based entity on the FAR/DFAR requirements in its subcontracts with large U.S. prime contractors.
• Represented a Department of Navy contractor in response to a Notice to Show Cause for whistleblower retaliation, oversaw the design and implementation of its Corporate Ethics and Compliance Program, and persuaded the Agency not to debar the contractor.
• Advised training and media relations firm on securing a federal government contract when, although promised a sole source contract, was told that the contract would not be awarded. After negotiations, contract was awarded.