Scott S. Sheffler

Scott advises on every stage of the federal funding life cycle—from strategic project development to post-award compliance, including federal audits, audit resolution, and disputes. His deep knowledge of the Uniform Guidance (2 C.F.R. Part 200), Federal Acquisition Regulation (FAR), and program-specific mandates enables him to support clients with various issues arising in federally funded projects. Clients rely on Scott to deliver business- and mission-oriented solutions under federal and state oversight.

Scott assists grantees and contractors with cost allowability and allocation matters, including issues involving indirect cost rate agreements and regulatory interpretation in nuanced areas of the federal cost principles of 2 C.F.R. Part 200, Subpart E, and FAR Part 31. He drafts and reviews policies and procedures, reviews existing systems, and conducts investigations and assesses potential need for affirmative disclosures to funders when compliance may be in doubt internally. Scott brings a combined knowledge of legal requirements, varied practices and expectations of funding agencies, and practical business considerations to bear on compliance matters. He provides diverse support to clients in varied circumstances, assisting new recipients of federal grants and contracts in initial development of compliance systems, and assisting grantees and contractors with more sophisticated existing systems in evaluating possible improvements or updating new compliance standards.

Scott also assists clients with subawards and subcontracting under grants, cooperative agreements, procurement contracts, and other transactions. Under grants and cooperative agreements, Scott provides counsel regarding advantageous multi-party project structures and shared services, synthesizing goals of compliance, fair allocation of risk, and efficient project performance, and provides support in drafting and negotiation of the agreements necessary to execute the relationships. Under procurement contracts, Scott assists clients with pre-award teaming and non-disclosure agreements and post-award subcontracts, including necessary FAR "flow downs." Beyond traditional agreements, Scott aids clients in drafting novel agreements suited to circumstances, including crafting sub-agreements under prime agreements entered into under federal "other transaction" authority.

In the area of disputes, Scott regularly represents clients in federal and state audits and investigations, administrative appeals, and litigation involving grant terminations, disallowances, and contract claims. Examples of his recent work include litigating appeals before the Health and Human Services (HHS) Departmental Appeals Board (DAB), negotiating resolution of grant compliance allegations with the Department of Defense (DOD), guiding resolution of questioned costs arising audits and agency reviews, and defending false claim allegations.

In federally funded infrastructure and construction projects, Scott helps clients with the combined compliance and transactional support necessary to effective project accomplishment. Among other things, Scott assists with federal procurement standard compliance, domestic sourcing requirements such as Build America Buy America (BABA) and varied Department of Transportation sub-agency domestic sourcing standards, disadvantaged business entity subcontracting, imposition of federal labor standards when applicable, and long-term federal interest obligations.