Government Contract Law
We offer a wide-range of advice and assistance to our clients seeking to obtain and perform Federal government contracts and subcontracts. We assist clients at every stage of the procurement process from proposal preparation and bid protests through contract claim resolution. Our legal services include the following:
- Bid Protests:We represent clients either challenging or defending procurement procedures or contract awards.
- Claims & Disputes: We advise and represent clients in claims, disputes, requests for equitable adjustment, excusable delays, defective pricing, contract terminations, and settlements. We also help clients to negotiate complex claims arising from breach of contract, differing site conditions, and construction latent defect claims.
- Compliance: We advise clients on the numerous compliance requirements applicable to Federal government contractors, and help the clients to design and monitor effective compliance programs and to demonstrate their corporate responsibility to Government procurement officials.
- Employment Matters: We counsel and represent clients regarding employment and labor-related laws and requirements affecting Federal government contractors, including the Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), the Service Contract Act (SCA), the Davis Bacon Act (DBA), and Davis Bacon and Related Act (DBRA). In addition, we advise government contractors regarding compliance with DOL wage and hour laws under the Fair Labor Standards Act (FLSA), covenants not to compete relating to current and prospective employees, and the differences between an “employee” and an “independent contractor.”
- Regulatory & Legislative Counseling: We advise clients on proposed changes to Federal procurement laws and regulations, and the practical implications of such changes. Additionally, we help clients to prepare comments and viable questions when proposed legislation and Federal policy can impact their business.
- Small Business Advisors: We assist clients with navigating the specialized rules that apply to Federal government contracting, including matters related to the formation of small businesses, application to SBA small business programs, teaming agreements and joint ventures, affiliation issues, size protests, challenges to set-asides, and NAICS code designations. We also counsel large business clients on the unique issues that can arise when teaming with, or acting as a subcontractor to, small businesses, including compliance with limitations on subcontracting (e., the “50 percent rule”), the nonmanufacturer rule, and the development of small business subcontracting plans.
Suspensions & Debarments: We represent industry clients who have been proposed for suspension or debarment by the Federal government under FAR 9.4. We work diligently to help clients maintain their government contractor status by responding to show-cause notices; advocating for clients in meetings, negotiations, and presentations to agency debarring officials; negotiating administrative agreements to avoid suspension and debarment; and working with clients to strengthen compliance practices in response to threatened suspension or debarment.