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Capabilities / Government Contracts

Government Contracts

Procurement perspectives in US government contracts.

The federal government spends billions of dollars on products and services annually. It’s the largest contracting party and purchaser of goods, property and services in the world. Although the upsides to doing business with the government are tremendous, government contractors can quickly become consumed by a sea of contractual, regulatory and legislative requirements. Navigating these US government contract complexities and dealing with the unique government contracting processes and procedures can present many challenges even to experienced contractors.

From pre-award advice and counsel through post-delivery claims and dispute resolution, our government contracts law team assists clients with every aspect and phase of federal government procurement. Representing domestic and international clients in all areas of federal supply, service and construction contracts, our law firm counsels clients on matters of corporate organization and ethical compliance with the complex rules and laws governing federal procurements. We also assist and advise our clients on small business, minority business enterprise (MBE) and disadvantaged business enterprise (DBE) issues, as well as teaming agreements, joint venture agreements and mentor-protégé agreements.

We have extensive experience assisting clients in connection with allegations of violation of the False Claims Act and other federal statutes relating to government procurement and claims.

Our federal procurement and government contracts law services include:

Awards
  • Bid mistakes
  • Bid protests before and after award
  • Certification and representation requirements
  • Construction contracts, both formally advertised and design-build
  • Federal, state and local contracting procedures and requirements
  • Grant and research-and-development (R&D) forms of contracting
  • Negotiated procurements, including indefinite delivery, indefinite quantity (ID/IQ) and multiple award schedule contracts
  • Sealed bid procurements
  • Small business contracting, including women owned, minority owned and disabled veterans small business preference and set-aside programs
  • Supply schedule procurements
  • Suspension and debarment proceedings
  • Teaming agreements
Performance
  • Change order negotiations
  • Contract clauses “incorporated by reference” into contracts
  • Deductive modifications
  • Defense Contract Audit Agency (DCAA) audits
  • Intellectual property rights and ownership, including the application of patent and data rights concerns in federal contracting
  • International contracting, including compliance with international trade and embargo laws and regulations, compliance with the Buy American Act and issues related to Defense Base Act obligations
  • Laws that apply to contractors (including labor and socioeconomic requirements)
  • Negotiating and representing clients in Occupational Safety and Health Administration (OSHA), Office of Federal Contract Compliance Programs (OFCCP), Environmental Protection Agency (EPA) and other regulatory matters
  • Novation agreements
  • Scheduling and critical path method (CPM) analysis
  • Terminations for convenience
  • Terminations for default
Disputes
  • Appearance before the Government Accountability Office (GAO), Boards of Contract Appeals, federal trial and appellate courts, arbitrators, mediators and administrative tribunals
  • Preparation and negotiation of pass-through and claim liquidation agreements
  • Preparation, assertion, negotiation and defense of requests for equitable adjustment and claims
Clients
  • Biotechnology research and development contractors
  • Construction contractors, including those engaged in building dams, buildings, roads, bridges, levees, telecommunications facilities, hospitals, wastewater treatment facilities, prisons, schools and office buildings
  • Engineering firms, including entities providing design, construction management, maintenance and operations (M&O) and design-build services to government owners
  • Environmental remediation and technical services companies
  • Financial management consulting firms
  • Information technology and systems engineering companies
  • Military housing privatization contractors
  • Munitions contractors
  • Nuclear facility operations and maintenance services contractors
  • Postal service contractors
  • Prescription drug benefit providers
  • Professional and technical service providers
  • Security, logistics and mission support contractors

Representative Experience

  • Represented a design-builder in a GAO bid protest and a latent subsurface conditions claim on a privatization project for military family housing at Elmendorf Air Force Base in Alaska under the Military Housing Privatization Initiative. The GAO protest was favorably settled with the client receiving the award of the project, and the latent subsurface condition claim was resolved with the client recovering 90 percent of the claimed amount.
  • Secured a $60 million contract for Securus Technologies Inc. to provide phone service to the Missouri Department of Corrections. A competitor challenged the award, but Securus prevailed at trial in a Missouri circuit court.
  • Represented a multinational 3D software design company protesting a request for proposal (RFP) put forth by the Missouri Department of Transportation for a 10-year contract to provide highway and bridge design software. The RFP favoring our client’s competitor was challenged by Husch Blackwell in a pre-bid conference, and our team petitioned the state to withdraw the RFP. On the day bids were to be submitted, the Department of Transportation withdrew the RFP. We accomplished the client’s objective for less than $12,000.
  • Represented a national construction engineering firm in protesting the award of a construction contract by a Virginia university.
  • Advised a national real estate developer on contract administration, compliance and audit issues in a Corps of Engineers design-build construction contract for a $1 billion Defense Department facility in Alexandria, Virginia.
  • Represented Department of Defense logistics contractor in reverse-FOIA litigation seeking to prevent disclosure of unit-pricing and other proprietary information reflected in successful proposal.
  • Represented a major American defense contractor in defending action by an Israeli contractor seeking to collect commissions due in connection with military contracts awarded by the governments of Australia, South Korea and Israel.
  • Counseled information technology service contractor in protesting the award of a software support services contract issued by the Defense Health Information Management Service.
  • Represented construction contractor protesting the award of a Corps of Engineers contract for the installation of tiebacks at Bluestone Dam in Hinton, West Virginia.
  • Advised air transportation contractor in preparing and presenting claims for additional compensation arising from government-initiated changes on a multibillion contract with the U.S. Postal Service.
  • Represented a military software development contractor in defending a $10 million action for breach of contract, civil conspiracy and copyright infringement initiated by a software developer. The case was resolved by summary judgment.
  • Represented a Nebraska-based technology company in the preparation and submission of a convenience termination settlement proposal, relating to an Air Force space operations integration and engineering contract.
  • Represent the prime contractor in a dispute with the U.S. Department of Energy concerning the de facto termination for convenience of a $2.6 billion contract.
  • Defended a service-disabled, veteran-owned small business in a Small Business Administration size protest and in protests challenging the contractor's service-disabled status.
  • Represented a postal contractor in connection with claims seeking compensation for changes and for breach of contract damages.
  • Advised a multiple award schedule contractor regarding cost and pricing issues.
  • Represented earthwork contractors and subcontractors in connection with disputes with prime contractors on Corps of Engineers projects in Georgia, Florida and Mississippi.
  • Prepared and litigated a claim on behalf of the general contractor for the renovation of the Harry S. Truman "Old State" Building against the General Services Administration (GSA). The claim arose from the GSA's deletion of certain unit-priced restoration work. On cross-motions for summary judgment, the Civilian Board of Contract Appeals found that the GSA breached the contract and abused its termination for convenience rights, entitling the contractor to anticipatory lost profits.
  • Defended the award of the Privatization of Army Lodging (Group A) Project against two separate Government Accountability Office (GAO) bid protests. The project involved the privatization of 3,225 transient housing units at 12 military installations under the Military Housing Privatization Initiative.
  • Prepared and litigated a claim involving a deductive modification on a U.S. Army Corps of Engineers contract for the construction of military family housing at Fort Wainwright, Alaska. The matter settled at full claim value inclusive of statutory interest following the submission of motion for summary judgment at the Armed Services Board of Contract Appeals.
  • Represented an electrical subcontractor in a Miller Act lawsuit against Prime Construction Management and its surety arising out of a Department of Homeland Security renovation project in downtown Chicago. Developed and presented a complex labor inefficiency claim and defeated efforts to stay the federal court proceedings. Negotiated a favorable pass-through agreement.
  • Represented a tiered-subcontractor against a subcontractor and prime contractor in federal court litigation relating to the construction of a periphyton-based storm water treatment area in Palm Beach County, Florida. The matter was favorably settled after six days of trial.
  • Defended a prime contractor’s default termination of a subcontractor on a telecommunications upgrade project at Fort Rucker, Alabama, before the U.S. District Court for the Eastern District of Virginia. The court found the default termination to be proper following a five-day trial.
  • Represented a design-builder in a GAO bid protest and a latent subsurface conditions claim on a privatization project for military family housing at Elmendorf Air Force Base in Alaska under the Military Housing Privatization Initiative. The GAO protest was favorably settled with the client receiving the award of the project, and the latent subsurface condition claim was resolved with the client recovering 90 percent of the claimed amount.
  • Represented a contractor before the General Services Board of Contract Appeals and in mediation on a build-to-lease project for the National Oceanic and Atmospheric Administration’s headquarters campus on extra work claims relating to cyclical maintenance and improvement requirements. The matter was favorably resolved following mediation.
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