Government Contracts

We represent clients at every stage in the contracting process: from proposal submission to contract closure, through claims and dispute resolution, and at every critical step in between. We also assist clients at every stage of their own lifecycle: from establishing the company and building out policies and procedures, to preparing for the due diligence process and taking clients through closing a successful sale.  We also assist clients in M&A acquisition activities.
 
We provide clients with advice on compliance with contract requirements and regulatory issues to avoid disputes and minimize clients' liability exposure. When unavoidable disputes arise, the firm's skilled litigators have successfully represented clients before the Boards of Contract Appeals, federal and state courts, administrative agencies and arbitration forums.

Our team's broad experience enables us to cover all aspects of Government Contracting:

  • False Claims Act
  • Mandatory Disclosure
  • Foreign Corrupt Practices Act
  • Procurement Integrity Act
  • Claims and Requests for Equitable Adjustment
  • Contract Terminations and Close-Outs
  • Prime/Sub Disputes
  • Cybersecurity
  • Bid Protests
  • Audits, including DCAA cost and pricing issues
  • Government investigations, including OIG investigations
  • Suspensions and Debarments
  • Government Contracts Alternative Dispute Resolution
  • Construction Contracting, including challenging default terminations
  • International Procurement, including international compliance and disputes
  • Corporate Transactions/Government Contracts, including preparation for M&A due diligence
  • Corporate formation and Affiliation issues
  • Government Contract Preparation and Negotiation
  • Subcontracts, Teaming Agreements, Joint Ventures and Strategic Alliances
  • Compliance and Ethics Counseling
  • Labor and Employment Standards
  • Small and Disadvantaged Business Concerns
  • Security Clearance Issues
  • Political Law Compliance, Pay-to-Play laws and Entertainment/Gifting

Meeting Your Needs:
Because clients' government contracts issues are often intertwined with issues in other areas of law, the Government Contracts Group routinely coordinates with other firm practice groups to meet those needs:
Who We Serve:
Our clients range from small disadvantaged businesses to multinational corporations in a range of industries, including:
  • Defense and homeland security
  • Diplomatic Missions and International Affairs
  • Cybersecurity
  • IT
  • Business consulting
  • Construction
  • Manufacturing
  • Logistics
  • Energy
  • Healthcare
  • High technology

Client Alert: Corporate Transparency Act (CTA) Found Unconstitutional by Federal District Court

On March 1, 2024, the U.S. District Court for the Northern District of Alabama in National Small Business United et al.  v. Janet Yellen et. al., Case No. 5:22-cv-1448-LCB,  held the Corporate Transparency Act (the “CTA”) to be unconstitutional. In this surprising decision, U.S. District Court Judge Liles C. Burke ruled “The CTA is unconstitutional because it cannot be justified as exercise of Congress’ enumerated powers.”

Client Alert: Corporate Transparency Act Update: FinCEN Reporting and Compliance Begins in 2024

The Corporate Transparency Act’s (the “CTA”) reporting requirements are effective as of January 1, 2024. As a result, many companies in the United States will have to report information about their beneficial owners, i.e., the individuals who ultimately own or control the company. They will have to report the information to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury.

Client Alert: SBA Reopens 8(a) Program After Court Decision

A recent federal district court decision in the case of Ultima Servs. Corp. v. U.S. Dep’t of Agric. resulted in an injunction against the U.S. Small Business Administration (SBA), prohibiting the agency from applying a rebuttable presumption of social disadvantage based on being a part of the Black, Hispanic, Asian Pacific, and Native American races in the administration of its 8(a) Business Development Program.

Client Alert: A Primer on the Corporate Transparency Act: Highlights of Additional Requirements to Conduct Business

What is the Corporate Transparency Act?

On January 1, 2021, heightened entity and beneficial ownership reporting arrived in the United States with the enactment of the Corporate Transparency Act (the “CTA”), part of the National Defense Authorization Act for Fiscal Year 2021. The policy behind the CTA is to strengthen reporting and transparency as to who the beneficial economic owners are of business enterprises doing business in the United States. Prior to the passage of the CTA, the United States was viewed by some in the international marketplace as a tax haven for those looking to create shell companies to hide their assets through the formation of business entities in jurisdictions like Delaware or Florida, for instance.

Client Alert: Defense Department Establishes Sole Source Set-Aside Program For ESOPs

The Department of Defense (DOD) recently announced a pilot program to incentivize contracting with employee-owned businesses, otherwise known as ESOPs, or companies owned by an Employee Stock Ownership Program. Authorized by Section 874 of the National Defense Authorization Act for FY 2022 (Pub. L. 117-81), this program will allow DOD to award certain follow-on contracts on a non-competitive basis to ESOPs.  Contracting Officers (CO) supporting this program will be able to award a follow-on contract for the continued development, production, or provision of products or services that are the same or substantially similar to those procured by DOD under a previous contract with a “qualified business.” The qualifying ESOP companies are not required to be a small business.

Client Alert: Executive Order on Cybersecurity – What Government Contractors Need to Know

In the wake of the Colonial Pipeline Hack, on May 12, 2021, the Biden Administration issued an Executive Order (EO) on Improving the Nation’s Cybersecurity. The Government is proposing broad changes to the Federal Acquisition Regulation (FAR) and Department of Defense FAR Supplement (DFARS) in two areas. What do government contractors need to know?

Government Contracts Newsletter - July 2023

R&D Contractors Implore Congress To Restore Crucial Tax Incentive

Incumbent’s Non-Compete Agreements Did Not Lead To Successful Protest

Contractor Turns Size Protest Into Federal Claims Act Case Resulting In Favorable Federal Court Decision, Upending Sba’s Traditional Method For Calculating Size Of A Small Business

New Initiative Launched To Increase Federal Contracting With Small Disadvantaged Businesses

 

Government Contracts Newsletter - June 2023

Government Contractors: Start Preparing For Greenhouse Gas Emissions Reporting

TikTok on Contractor Devices Banned By Interim Rule

If Government Uses Written Materials For Debriefing, Do Not Open Emails Sent After Normal Business Hours

Contractors:  Keep Your S.A.M. Registration Up To Date Or Lose The Contract You Won