Each year, billions of dollars in government contracts and grants are awarded to companies to provide a wide array of goods and services to federal, state and local government agencies. The U.S. government is the world’s biggest customer, but having governmental entities as customers presents additional challenges for businesses. They must use significant care to navigate the complex laws, regulations and contractual provisions that govern the provision of goods and services to government agencies, and they must ensure that their contracts are executed and administered to maximize the benefits while minimizing the risks to the contractor. Government contractors must also remain vigilant in order to comply with evolving or new requirements while under increasing oversight from their government customers.
Our Government Contracts practice group has the experience and know-how to assist its clients in all aspects of contracting with federal, state and local government entities. We have worked on contract formation, performance and dispute issues in contracts with most federal agencies, including the Department of Defense (DoD) and all of the armed forces branches; the Departments of Agriculture, Energy, Health and Human Services (including National Institutes of Health (NIH) and Biomedical Advanced Research and Development Authority (BARDA)), Interior, State and Veterans Affairs (VA); the General Services Administration (GSA); the Environmental Protection Agency (EPA); and the Small Business Administration (SBA). We serve clients in a variety of industries, including defense, information technology, life sciences, telecommunications, intelligence and homeland security, transportation, professional services and logistics support.
Many of the same issues arising in government contracts with federal agencies often extend to or also arise in state and local government contracts. We have extensive experience in dealing with such issues, having performed work in numerous local and state jurisdictions, including those in Arizona, California, Florida, Georgia, Maryland, New Mexico, New York, Ohio, Oregon, Pennsylvania, Texas, Virginia and the District of Columbia.
As part of a full-service business law firm, our Government Contracts lawyers can rely on support as needed from their colleagues in other practice areas. For example, when white collar crime or False Claims Act issues arise, or when internal investigations are necessary, our Government Contracts team works hand-in-hand with our White Collar Crime, Internal Investigations & Government Enforcement practice.
We provide advice and representation for regulatory and compliance issues, as well as in business transactions and litigation (e.g., bid protests and contract claims). Our goal with the multifaceted advice and services we provide is to help our clients develop and maintain beneficial working relationships with their government agency clients.
The following is a sample of our experience in government contract matters:
- Participating in due diligence activities related to the acquisition and divestiture of government contractors and their businesses, including the evaluation of contract portfolios, negotiation of agreement terms and conditions, and analysis of regulatory compliance issues.
- Representing a large defense contractor before the Armed Services Board of Contract Appeals in its appeal of a certified claim for labor costs incurred in connection with an aircraft maintenance contract.
- Representing a pharmaceutical company before the SBA in size determination proceedings arising from a request for a small business waiver of a prescription drug fee in connection with the review of a human drug application.
- Representing an information technology provider in multiple claims arising from Defense Information Systems Agency (DISA) “software as a service” contracts, including the successful settlement of a multimillion-dollar claim.
- Counseling contractors on performance of federal agency contracts and grant agreements for biomedical and pharmaceutical research and development activities, including those awarded by the NIH and BARDA.
- Assisting a defense contractor in securing the lifting of an agency suspension of contracting activities, including negotiating an administrative agreement, resolving civil and criminal proceedings, and implementing a corporate compliance program.
- Negotiating computer software license agreements with federal agency customers on behalf of multiple clients, including a patient care system provider, a satellite telemetry services provider and an information technology service provider.
- Advising federally funded research and development centers on contract administration and fiscal law requirements.
- Counseling clients on matters relating to FOCI, including preparing FOCI action plans arising from investment in contractors and negotiating approval of the action plans by the Defense Security Service.
- Assisting a geospatial information provider with receipt of venture capital funding and stock issuance, including conducting due diligence involving intellectual property rights contained in government contracts.
- Representing a major defense contractor before the Armed Services Board of Contract Appeals in its appeal of a claim involving German social taxes.
- Developing an organizational conflict of interest avoidance and mitigation plan for a major defense contractor in connection with a $500 million spectrum monitoring contract.
- Assisting in the creation of a federal government subsidiary for a large software provider supporting the sale of software and services to government agencies.
- Defending a major defense contractor in an arbitration involving claims for commission payments related to the sale of radar equipment under the Foreign Military Sales program.
- Representing a utility company in spent nuclear fuel litigation before the U.S. Court of Federal Claims.
- Representing a large defense contractor in its acquisition of a professional services company, including novation of existing government contracts to the acquiring company.
- Assisting a large telecommunications provider in negotiating a GSA federal supply services contract.
- Negotiating an energy company’s contract with the DoD for the generation and supply of renewable energy.
- Defending a large ship repair company before the GAO in its protest of the award of a multimillion-dollar ship repair contract.
- Creating a government contract subsidiary for a large IT company for the sale of products and services.
- Representing a large defense contractor in its acquisition of a technology company, including novation of existing government contracts to the acquiring company.
- Assisting a geospatial information provider with receipt of venture capital funding and stock issuance, including conducting due diligence involving intellectual property rights conceived during performance of various government contracts and grants.
- Representing the buyer in the valuation of a smaller technology company’s government contract portfolio.
- Assisting a large software developer in acquiring small business software and services companies by performing due diligence on government contract assets.
- Creating a federal government contract subsidiary for a large software company for the sale of products and services.
- Representing a large defense contractor in resolving post-integration issues related to its acquisition of a systems engineering and technical assistance contractor, including organizational conflict of interest issues.
- Representing large transportation and security companies in resolving civil false claims allegations, including conducting an internal investigation and negotiating a comprehensive compliance agreement.
- Providing the seller with Hart-Scott-Rodino support for the merger of two large energy companies.
- Representing a renewable energy company in the negotiation and funding of a public-private partnership Power Purchase Agreement between the DoD and a private energy company.
- Negotiating a novation agreement in support of the commercialization of an Ebola vaccine.
- Obtaining a Defense Contract Audit Agency (DCAA) advance agreement on behalf of a merged organization negotiating in accordance with DFARS cost savings rules.
- Negotiating a vaccine contract with BARDA; contract terms reflect risk mitigation and avoidance with the U.S. government.
- Seeking waiver of Bayh-Dole Act’s domestic manufacturing preference.
- Conducting an internal investigation for a software provider in support of the client’s initial public offering.
- Providing National Industrial Security Program Operating Manual (NISPOM) support to a large foreign IP company in connection with its acquisition of a U.S. IP company; drafted necessary paperwork for FOCI Analytic Division to gain approval of the transaction.
- Assisting client in the sale of its domain name.
- Performing due diligence in support of mergers and initial public offerings.
- Providing compliance training for government contracting clients.
Litigation & Claims Resolution Matters
- Representing a client before the U.S. Court of Federal Claims in spent nuclear fuel litigation; recovered more than $300 million for the client.
- Handling several cases before the U.S. Court of Federal Claims, including more than $1 billion in claims against the United States.
- Representing a client in a patent infringement case; recovered over $10 million for the government’s infringement of the client’s mine detection patent.
- Representing a cloud computing company in resolving a multimillion-dollar contract dispute.
- Representing a large defense contractor in an international arbitration to resolve a multimillion-dollar dispute with a Taiwanese defense contractor under the United Nations Commission on International Trade Law (UNCITRAL) procedures.
- Representing the owner of a U.S.-flagged transport vessel before the Fourth Circuit Court of Appeals in a multimillion-dollar insurance dispute.
- Representing a large defense security company in a civil false claims action and collective action litigation.
- Representing a large defense company before the Armed Services Board of Contract Appeals in connection with claims stemming from offshore contracting during the Iraq War.
- Representing a large defense security company in a bid protest related to procurement in Afghanistan.
- As a licensed mediator, mediating a multimillion-dollar settlement of a contract dispute between a prime contractor and a subcontractor.
- Resolving more than 30 contract appeals stemming from contractor participation in U.S. operations in the Middle East.
- Representing a defense IT company in a DCAA audit dispute before the Armed Services Board of Contract Appeals (ASBCA).
- Representing a real estate management company in a leasing dispute with the VA.
- Representing clients in pre- and post-award protests before U.S. government agencies, the GAO and the U.S. Court of Federal Claims.
- Winning a sustained GAO decision for a major NASA contractor in a successful protest related to a $1.7 billion 10-year NASA program involving biomedical services supporting human spaceflight, setting precedent in the area of corporate transactions in proposal evaluations.
- Representing a major IT firm in a successful sustained GAO protest involving Air Force awards for network operations at locations worldwide (Network Centric Solutions–2) (Indefinite Delivery/Indefinite Quantity (ID/IQ) awards with a maximum value of $960 million).
- Representing a major consulting firm in a multiyear Financial Conduct Authority (FCA)investigation and high-profile litigation concerning teaming and subcontractor arrangements in dozens of government contracts with the DoD, GSA Schedule program and multiple civilian agencies, resulting in a successful settlement.
- Representing a major government contractor in Department of Justice investigations arising from performance in foreign nations and war zones during the Iraq War.
- Representing a major consulting firm challenging technical evaluations in a DoD multiple-award competition for intelligence analysis services; caused the agency to make an additional award to the firm for a contract with a $5.6 billion contract ceiling.
- Representing a major IT hardware company challenging its exclusion from the competitive range, causing the U.S. Army to restore the company to the competitive range and initiate new discussions in the Army’s ITES-3 competition with a $5 billion contract ceiling.
- Securing a GAO decision sustaining the protest for a major IT solutions company, challenging the evaluation of its technical demonstration by the DISA.
- Securing a GAO decision sustaining the protest for a major helicopter flight services company, challenging the technical qualifications of an awardee’s proposal.
- Securing a GAO decision sustaining the protest for a small scientific consulting business, challenging a sole source award by the Department of Energy.
GAO Issues Annual Bid Protest Report to Congress for FY 2017 - Government Contracts Update
November 15, 2017
Enhanced Debriefings and Bid Protest Pilot Program Included in FY 2018 NDAA - Government Contracts Update
November 10, 2017
Senate Passes $700 Billion 2018 National Defense Authorization Act, Including Procurement Reforms - Government Contracts Update
September 21, 2017
The Threat of a Government Shutdown and What Contractors Need to Know and Do Now - Construction & Government Contracts Update
August 29, 2017
Trump Administration Steps Up Buy American Enforcement - Government Contracts Update
July 13, 2017
OMB Renews OFCCP Mandatory Disability Self-Identification Form - Labor & Employment @lert
February 01, 2017
GAO’s Bid Protest Annual Report Shows Record High Effectiveness Rate While NDAA Calls for Bid Protest Study - Government Contracts Update
January 10, 2017
Business Law Update – Fall 2016 - Thompson Hine Newsletter
October 31, 2016
Texas Court Issues Nationwide Injunction Against Fair Pay and Safe Workplaces Final Rule - Government Contracts Update
October 26, 2016
Effective Dates Approaching for Fair Pay and Safe Workplaces Final Rule Implementation - Government Contracts Update
October 13, 2016
Department of Labor Issues Final Rule Requiring Government Contractors to Provide Paid Sick Leave - Labor & Employment @lert
October 03, 2016
September 26, 2016
Supreme Court Decision Highlights Risks Related to Federal Programs, Contracts and Grants - Construction & Government Contracts Update
August 04, 2016
Additional DoD Guidance for Contractors on Cybersecurity Safeguards and Reporting - Government Contracts Update
December 14, 2015
OFCCP Issues Final Rule on Pay Transparency for Government Contractors - Labor & Employment @lert
September 18, 2015
New EO: Government Contractors Must Cough Up Sick Days for Covered Employees - Government Contracts Update
September 16, 2015
DoD Issues Interim Rule on Cloud Cybersecurity - Government Contracts Update
August 27, 2015
OMB Releases Draft Cybersecurity Guidance; New FAR Regulations on the Horizon - Government Contracts Update
August 13, 2015
New U.S. Government-Backed Standards for Protecting Data Will Affect Federal Contractors - Government Contracts Update
June 26, 2015
Increased Cybersecurity Requirements for Government Contracts - Government Contracts Update
May 07, 2015