Bid Protests
We are experienced in the litigation of bid protests before the Government Accountability Office (GAO) and the U.S. Court of Federal Claims, as well as the State courts, representing either disappointed bidders or contract awardees. We also handle agency protests regarding federal and State procurements. Notably, one of our lead attorneys is a current co-chair of the Bid Protest Committee within the Public Contract Law Section of the American Bar Association.
Claims, Disputes, Litigation, and ADR
We assist clients with the preparation of claims against the government and the defense against government claims under contracts of all types, including claims based upon formal or constructive government changes, or the government's termination of the contract for default or convenience. Our lawyers are skilled at helping resolve contractual disputes with the government, and are experienced litigating disputes, when necessary, before the U.S. Court of Federal Claims, the civilian and military boards of contract appeals, and the U.S. Court of Appeals for the Federal Circuit. In this regard, one of our attorneys serves as the Chair of the Court of Federal Claims' Advisory Council. We also represent companies in claims, disputes and litigation between prime contractors and subcontractors or suppliers under government programs. Finally, we are experienced with the various forms of alternative dispute resolution (ADR) that can serve an effective function for settling disputes of all kinds.
Contract Counseling
We provide advice to companies regarding their rights and responsibilities under government contracts – from contract award and formation, through performance and administration, and ultimate close-out or termination. Some of the issues we most frequently encounter include: the scope of specific contract terms and conditions; compliance with government statutes and regulations; cost or pricing issues; payment and financing issues; formation of teaming agreements, joint ventures, and subcontracts; protection of intellectual property and data rights; socio-economic programs and preferences, including "buy national" requirements; compliance with ethical and conflict-of-interest rules; cooperative agreements, grants, and Other Transactions; and security clearances.
New Government Business Subsidiaries and Startups
As commercial companies move into the government market, we help them develop access strategies, understand statutory, regulatory, and contractual requirements (such as government cost accounting, socio-economic obligations, and intellectual property requirements), and establish compliance and training programs.
Due Diligence for Business Combinations
The sale or purchase of a government contractor can involve special due diligence issues, and we assist companies and investors to identify and evaluate these issues. Our attorneys have particular experience with transactions involving foreign buyers or mergers with foreign companies to ensure compliance with federal regulatory authorities, including the preservation of security clearances.
Commercial Items and Multiple Award Schedules
Over the past decade, the Government has established a strong preference for contracting on a commercial-item basis, and has developed more flexible procurement procedures for this purpose. Over this same period, Multiple Award Schedule (MAS) programs -- especially the General Services Administration (GSA) Schedule contracts -- have grown enormously popular as a means by which agencies can purchase commercial-item products and services. We regularly advise clients regarding commercial-item contracts and the unique features of MAS contracts, including GSA Schedule contracts, as more and more companies take advantage of these especially attractive Government procurement vehicles.
Homeland Security Contracting
After the terrorist attacks on September 11th , the Government established the Department of Homeland Security (DHS), and developed unique acquisition programs and specialized procurement rules at DHS and other agencies to address the threat of terrorism in its many potential forms. Since the inception of these anti-terrorism initiatives, our attorneys have worked with clients interested in contracting with DHS and other agencies involved in homeland security programs, including US-VISIT, SBInet, and Project Bioshield. In particular, we have helped our clients mitigate the special risks inherent in these contracts by obtaining statutory liability protection under the SAFETY Act, government indemnification under P.L. 85-804, and/or commercial insurance.
Construction Contracting
Our attorneys are experienced in the handling of claims, disputes and litigation related to construction contracts under both government and private projects. We have represented clients in construction cases under the Contract Disputes Act and the Miller Act before the U.S. Court of Federal Claims and the civilian and military boards of contract appeals, as well as State tribunals, arbitration panels, and various ADR forums.