Government Contracts
Doing business with the federal government has both risks and rewards. Government contracts are awarded and managed through a series of complex laws and regulations. Failure to comply with appropriate regulations can lead to a loss of a contract or even a loss of intellectual property rights.
The attorneys of the Government Contracts Group include former high-ranking and key Department of Defense personnel who are experienced in virtually all aspects of federal, civilian and military procurement. They bring to government contracts clients substantial experience in subcontracting, contract administration, contract formation (including bid protests), development of compliance programs and white collar criminal defense. Our attorneys are well-respected in the community and frequently provide onsite training to government contractors and public training courses through Federal Publications Seminars. Two principals teach as adjuncts in the Government Procurement Law Program at the George Washington University School of Law.
For information on current topics of interest, please visit our government contracts newsletter.
Formation
We provide legal advice and counsel during the formation stages of both negotiated and sealed-bid contracts, including:
- Proposal preparation
- Answering questions arising from interpretation of solicitations
- Drafting teaming agreements and joint venture agreements
- Review of representations, certifications and other portions of bid documents for legal sufficiency
- Legal counsel during the discussion phase of negotiated procurements
- Post-award analysis of the legal sufficiency of the selection process
- Attendance at pre-award and post-award debriefings
- Counsel on the advisability of filing bid protests at the Government Accountability Office (GAO), the U.S. Court of Federal Claims (COFC), or in a U.S. District Court
Our firm has extensive experience drafting, prosecuting and defending bid protests before the GAO, the COFC and the District Courts. This includes legal analysis of protected material (i.e., competition-sensitive material such as information on offers or the agency's evaluation of offers), which is available only to legal counsel and admitted consultants. Our attorneys have drafted supplemental protests, prosecuted protests at hearings at both the GAO and the courts, and provided extensive comments and briefs to these forums.
The firm is also experienced in filing and defending small business size and North Americam Industry Classification protests before the U.S. Small Business Administration and its Office of Hearings and Appeals.
Administration
Winning a government contract is no guarantee of profitability or success in performance. Our attorneys provide legal counsel throughout the lifespan of government contracts on all aspects of contract performance including:
- Legal requirements of quality control
- Performance required by contract terms and conditions
- Minimum wage payments required by law or regulation
- Terminations for both default and convenience of the government
- Counseling on audits
Our attorneys also have considerable experience with multiple award schedules and indefinite quantity contracts, which are frequently used in the information technology and other high tech fields. We provide legal counsel on all aspects of these contracts, including:
- Defective pricing
- Price reductions clause
- Oral proposal process
In the area of rights in data (intellectual property), we counsel clients on their legal rights with respect to the various Federal Acquisition Regulation clauses.
With respect to contracts for services provided to the government, we provide legal counsel on:
- Requirements for minimum wages under various acts such as the Davis-Bacon Act and the Service Contract Act
- Annual increases in wages resulting from increases in wage determinations and
- Associated claims for contract price adjustment to which the contractor is entitled
Finally, we have assisted in ensuring legally sufficient requests for equitable adjustments and claims arising out of Government contracts. When claims are denied in part or in full by a contracting officer, we have prosecuted such claims before the Court of Federal Claims or the cognizant Board of Contract Appeals.
Compliance Programs, Debarment and Suspension and White Collar Fraud Defense
Our attorneys have established government contracts compliance programs at several large, small and medium size government contractors. These programs assist in ensuring full compliance with all legal and regulatory requirements and serve to both prevent and detect any wrongdoing by company employees. The programs can significantly reduce corporate fines if noncompliance results in criminal violations.
We have represented numerous companies and individuals who have been proposed for debarment or have been suspended. We analyze the agency's legal basis for debarment or suspension, provide information and legal argument in opposition to debarment or suspension, and assist the company in taking the necessary corrective actions, including the implementation of a diligent compliance program.
In the area of both criminal and civil fraud, our attorneys have defended individuals and companies accused of making false statements, false claims, or violating other criminal or civil fraud statutes. We have worked closely with Assistant United States Attorneys in various offices throughout the United States on these matters.
Significant Representations
- Recovered more than $2.5 million in invoices unpaid by the Department of Veterans Affairs, General Services Administration, Army, Navy and defense agencies using appeals at the Boards of Contract Appeals
- Successfully challenged at the Government Accountability Office (GAO) $45 million sole-source bilingual bicultural advisor contracts awarded by the U.S. Air Force
- Successfully challenged the award of a commercial facilities management service contract at the Postal Square Building in Washington, DC
- Successfully defended a client against a qui tam false claims action concerning its Multiple Award Schedule contract
- Provided legal counsel on preparation of several successful proposals for awards of Multiple Award Schedule contracts in the areas of office products, vehicles, consulting services and language services
- Advised numerous clients on how to insist that their products are commercial items and therefore not subject to the requirements of the Truth In Negotiations Act thereby avoiding submission and certification of cost or pricing data
- Developed government contracts compliance programs for large, medium and small government contractors
- Counseled numerous winning offerors on legal aspects of negotiated procurement including solicitation requirements and discussions held during source selection
- Made presentations to both the Air Force and Defense Logistics Agency Debarment and Suspension Officials that resulted in the lifting of client suspension or debarment
- Successfully responded to cure notices received by clients and prevented terminations for default
- Filed appeals at the General Services Board of Contract Appeals and successfully negotiated settlements up to $1 million through the use of Alternative Dispute Resolution (ADR) procedures at the Board
- Drafted numerous subcontracts, nondisclosure agreements and teaming agreements
