Government Contracts

/Overview

Entering a contract with a governmental entity or agency carries risks as well as rewards. The laws and regulations governing government contracts are unique and vary greatly from the laws applicable to commercial sales.

We work closely with clients to help them take advantage of the opportunities associated with federal, state, and local government contracts and financial assistance. Beyond the contracts, we make sure our clients also understand the risks, obligations, and larger business issues associated with them.

Our lawyers handle multibillion-dollar transactions and litigation with the U.S., state, and municipal governments, and help small and mid-size companies enter the federal procurement marketplace. We assist and counsel clients throughout the entire life-cycle of government contracts, from negotiation to close-out. We represent contractors in litigation and other proceedings before various courts and administrative agencies.

/Representative experience

• Assisting clients across the full spectrum of federal, state, and local public procurement challenges, including navigating compliance with the Federal Acquisition Regulation (FAR), the Defense Federal Acquisition Regulation Supplement (DFARS), and other agency-specific procurement regulations
• Designing and implementing comprehensive corporate compliance programs tailored to the diverse and complex requirements of government contracting and federal financial assistance
• Counseling various companies on how to navigate domestic preference rules and regulations, including the Buy American Act (BAA), the Trade Agreements Act (TAA), “Buy America” Department of Transportation statutes, and the Build America, Buy America (BABA) Act
• Assessing eligibility and compliance with the terms of various programs administered by the Small Business Administration (SBA)
• Addressing issues regarding cost allowability, allocability, and reasonableness, and the Cost Accounting Standards (CAS)
• Counseling on the intellectual property requirements of the Bayh-Dole Act
• Assist clients in drafting and negotiating prime and subcontract terms and conditions, teaming agreements, and joint venture arrangements 
• Advising clients on preparing and negotiating requests for equitable adjustments, managing issues arising under design-build construction contracts—to include addressing differing site conditions—as well as responding to contract terminations and providing strategic responses to contracting officer final decisions (COFDs) 
• Negotiating resolutions to and when necessary litigating formal and informal bid protests, claims, and other disputes with the government and/or prime contractors before federal agencies, the GAO, courts, and administrative tribunals such as the Armed Services Board of Contract Appeals (ASBCA)