As the largest, most diverse and dynamic purchaser of goods and services in the world, the United States government offers advantages as a customer that few others can, including low payment and collection risk, stable demand and a commitment to using its purchasing power to stimulate innovation and the development of technologies with long-term commercial applications. But the opportunities of the federal market also carry a wide variety of significant and nuanced legal risks. Our Government Contracts practice draws on broad experience in all aspects of federal, state and local government procurement across industry sectors to help you grow your business, all while navigating with confidence the complex web of statutory, regulatory, contractual and common law requirements that govern the federal market.
We provide counsel based on a deep understanding of the full lifecycle of government acquisition, gleaned from our experience encompassing procurements by virtually every government agency. That experience includes assessing and resolving legal risks associated with new solicitations and opportunities; teaming agreement, subcontract and licensing negotiations; pre- and post-award bid protest litigation; and claims preparation and dispute resolution.
In complex disputes or investigations, or when litigation becomes necessary, you can rely on us for critical insights based on a track record of success:
We regularly litigate cases where the government is a party before the US Court of Federal Claims (COFC), the US Court of Appeals for the Federal Circuit, the Government Accountability Office (GAO) and the Boards of Contract Appeals.
We also litigate cases between contractors before Federal District Courts and state courts, Courts of Appeals and arbitrators across the country.
With our Government Investigations colleagues, we conduct internal investigations, assist with mandatory and voluntary disclosures, and interface with government investigators, auditors, and suspension and debarment officials.
We have extensive experience with the Cost Accounting Standards and Federal Acquisition Regulations (FAR) Cost Principles, and we represent contractors in complex cost accounting disputes and advise on the cost implications of mergers and acquisitions, business restructurings and reorganizations.
We are also well-versed in the rules regarding organizational conflicts of interest (OCIs) and personal conflicts of interest (PCIs), which can help you identify and avoid conflicts whenever possible, as well as mitigating conflicts that cannot be avoided.
Our multi-disciplinary approach to practicing law sets us apart. As a focused group of Chambers-ranked Government Contracts practitioners, with skills developed through decades of practical experience, we partner with top-ranked colleagues in our Corporate, Government Investigations, Labor and Employment, Global Privacy & Cybersecurity, Antitrust and Healthcare practices to solve your most complex problems.
Successfully challenged the award of a $268 million contract by the Department of Defense in a protest at GAO, resulting in the disqualification of the awardee and the award of the contract to the client; successfully defended separate GAO, then COFC protests by the disqualified awardee; and successfully defended the disqualified awardee’s appeal of the COFC decision to the US Court of Appeals for the Federal Circuit
In an agency level protest, persuaded the contracting officer to remove an organizational conflict of interest provision that effectively excluded the client from the competition, and then successfully defended a GAO protest filed by a competitor seeking to reinstate the restrictive provision*
Represented a major flight training services company in the successful defense of a $200 million Army contract for fixed-wing training support*
Represented a contractor in appeals to the Civilian Board of Contract Appeals involving cost accounting claims by and against a government agency collectively valued at over $60 million, obtaining a favorable settlement for the client*
Represented two Medicare services contractors in separate lawsuits before the US Court of Federal Claims regarding adjustments of previously determined pension costs under CAS 413; both cases were settled favorably for the clients*
Represented a government contractor in multiple proceedings involving a major State IT contract, including prime/subcontractor litigation in Federal District Court in Maryland and arbitration before the American Arbitration Association*
In arbitration before the American Arbitration Association, successfully defended a seller of a government services business against claims by the buyer for indemnification under an asset purchase agreement
Represented a major federal IT services contractor in an FCA investigation conducted by the US Attorney’s Office for EDVA in which the government closed its file without action*
Represented a professional services contractor in a joint federal/state FCA investigation regarding fraud in the inducement allegations concerning a major IT development contract*
Mergers & Acquisitions
Represented a major IT and professional services contractor in the sale of a subsidiary performing Medicare program integrity services*
Represented a health services company in the sale of assets associated with a Medicare benefits coordination and recovery center contract*