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, we assist 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, we counsel 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 unique expertise in Postal Service Contracting matters, where we apply our government contracts knowledge to the Postal Service’s own procurement rules and regulations.
We also 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 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