Government Contract Disputes
We represent government contractors in litigation and adversarial administrative proceedings such as debarment submissions, negotiation over REAs, internal investigations, and government investigations. Our team has represented the United States and its agencies in numerous government contractor disputes and has prosecuted fraud related to those disputes. We have also represented the United States in contractor bid protests and in investigations involving the Foreign Corrupt Practices Act and contract fraud investigations and prosecutions.
We have significant litigation experience involving defense and civilian federal agencies, including matters before the Government Accountability Office (GAO), the Armed Services Board of Contract Appeals, the U.S. Court of Federal Claims, and the U.S. Court of Appeals for the Federal Circuit.
We regularly resolve procurement disputes through informal engagement with contracting officers, source-selection officials, agency counsel, and the Department of Justice. We also assist clients with certified claims, REAs, and bid protests at the agency level, GAO, the Court of Federal Claims, and state agencies, as well as disputes involving subcontractor claims.
Our prior representation of the United States provides valuable insight into government processes, decision-making, and enforcement priorities. We apply this perspective to advise private sector clients under the Federal Acquisition Regulation (FAR) and agency supplements, including the Defense Federal Acquisition Regulation (DFARS), while accounting for business risk and long-term operational impact.
We advise government contract clients on:
- Selection of dispute forum (agency, GAO, or Court of Federal Claims) and appeal strategy
- Bid protest intervention strategy for award recipients
- Claims evaluation, REA preparation, and contracting officer appeals
- Cost accounting, pricing, TINA compliance, and DCAA audits
- Suspension and debarment matters, including corrective action plans and administrative agreements
Government Contracting Transactional Services
We provide advisory services related to transactional support, compliance, and risk management throughout the government contracting lifecycle. Our work includes:
- Government representations and certifications compliance
- Review and analysis of subcontract flow-down provisions, FAR and agency supplement requirements, and subcontractor compliance obligations
- Solicitation review, risk identification, and regulatory compliance assessment
- Drafting clarification questions for government solicitations
- Preparation of exceptions to contract terms for proposals
- Drafting and negotiation of teaming agreements, NDAs, licenses, contracts, subcontracts, and modifications
- Contract interpretation during performance, including termination-related issues
- Support for internal/external audits, business systems reviews, and purchasing system reviews
- Advice on commerciality, sole source awards, CAS, TINA, pricing, and subcontractor responsibility
- Contract file review for compliance and documentation adequacy
- M&A due diligence support involving government contracts and subcontracts
Representative Case Matters
- Represented a U.S. foreign-owned company in the importation and sale of satellites developed by foreign affiliates.
- Represented buyers and sellers in corporate transactions involving government contractors, including international transactions.
- Counseled government contractors on cost accounting, pricing issues, TINA compliance, and DCAA audits.
- Represented a government IT/communications provider in the acquisition of a video teleconferencing service provider, including novation negotiations with lenders, vendors, and contracting officers.
- Represented a broadband satellite and communications provider in acquisition of international assets, including ground stations, leases, IP, and employees.
- Advised small businesses on SBA federal procurement and preference program rules.
- Negotiated contracts, subcontracts, CRADAs, OTAs, and cooperative agreements.
- Advised clients on government IP matters, including Bayh-Dole Act, FAR, and DFARS requirements.
- Advised clients on ARRA-funded contracts, including compliance and reporting requirements.
- Defended clients in litigation involving claims, bid protests, audits, investigations, and enforcement actions.
- Represented clients in False Claims Act (qui tam) cases and investigations.
