Each year, billions of dollars in government contracts and grants are awarded to companies to provide a wide array of goods and services to federal, state and local government agencies. The U.S. government is the world’s biggest customer, but having governmental entities as customers presents additional challenges for businesses. They must use significant care to navigate the complex laws, regulations and contractual provisions that govern the provision of goods and services to government agencies, and they must ensure that their contracts are executed and administered to maximize the benefits while minimizing the risks to the contractor. Government contractors must also remain vigilant in order to comply with evolving or new requirements while under increasing oversight from their government customers.
Our Government Contracts practice group has the experience and know-how to assist its clients in all aspects of contracting with federal, state and local government entities. We have worked on contract formation, performance and dispute issues in contracts with most federal agencies, including the Department of Defense (DoD) and all of the armed forces branches; the Departments of Agriculture, Energy, Health and Human Services (including National Institutes of Health (NIH) and Biomedical Advanced Research and Development Authority (BARDA)), Interior, State and Veterans Affairs (VA); the General Services Administration (GSA); the Environmental Protection Agency (EPA); and the Small Business Administration (SBA). We serve clients in a variety of industries, including defense, information technology, life sciences, telecommunications, intelligence and homeland security, transportation, professional services and logistics support.
Many of the same issues arising in government contracts with federal agencies often extend to or also arise in state and local government contracts. We have extensive experience in dealing with such issues, having performed work in numerous local and state jurisdictions, including those in Arizona, California, Florida, Georgia, Maryland, New Mexico, New York, Ohio, Oregon, Pennsylvania, Texas, Virginia and the District of Columbia.
As part of a full-service business law firm, our Government Contracts lawyers can rely on support as needed from their colleagues in other practice areas. For example, when white collar crime or False Claims Act issues arise, or when internal investigations are necessary, our Government Contracts team works hand-in-hand with our Government Enforcement, Internal Investigations & White Collar Defense practice.
We provide advice and representation for regulatory and compliance issues, as well as in business transactions and litigation (e.g., bid protests and contract claims). Our goal with the multifaceted advice and services we provide is to help our clients develop and maintain beneficial working relationships with their government agency clients.
The following is a sample of our experience in government contract matters:
- Participating in due diligence activities related to the acquisition and divestiture of government contractors and their businesses, including the evaluation of contract portfolios, negotiation of agreement terms and conditions, and analysis of regulatory compliance issues.
- Representing a large defense contractor before the Armed Services Board of Contract Appeals in its appeal of a certified claim for labor costs incurred in connection with an aircraft maintenance contract.
- Representing a pharmaceutical company before the SBA in size determination proceedings arising from a request for a small business waiver of a prescription drug fee in connection with the review of a human drug application.
- Representing an information technology provider in multiple claims arising from Defense Information Systems Agency (DISA) “software as a service” contracts, including the successful settlement of a multimillion-dollar claim.
- Counseling contractors on performance of federal agency contracts and grant agreements for biomedical and pharmaceutical research and development activities, including those awarded by the NIH and BARDA.
- Assisting a defense contractor in securing the lifting of an agency suspension of contracting activities, including negotiating an administrative agreement, resolving civil and criminal proceedings, and implementing a corporate compliance program.
- Negotiating computer software license agreements with federal agency customers on behalf of multiple clients, including a patient care system provider, a satellite telemetry services provider and an information technology service provider.
- Advising federally funded research and development centers on contract administration and fiscal law requirements.
- Counseling clients on matters relating to FOCI, including preparing FOCI action plans arising from investment in contractors and negotiating approval of the action plans by the Defense Security Service.
- Assisting a geospatial information provider with receipt of venture capital funding and stock issuance, including conducting due diligence involving intellectual property rights contained in government contracts.
- Representing a major defense contractor before the Armed Services Board of Contract Appeals in its appeal of a claim involving German social taxes.
- Developing an organizational conflict of interest avoidance and mitigation plan for a major defense contractor in connection with a $500 million spectrum monitoring contract.
- Assisting in the creation of a federal government subsidiary for a large software provider supporting the sale of software and services to government agencies.
- Defending a major defense contractor in an arbitration involving claims for commission payments related to the sale of radar equipment under the Foreign Military Sales program.
- Representing a utility company in spent nuclear fuel litigation before the U.S. Court of Federal Claims.
- Representing a large defense contractor in its acquisition of a professional services company, including novation of existing government contracts to the acquiring company.
- Assisting a large telecommunications provider in negotiating a GSA federal supply services contract.
- Negotiating an energy company’s contract with the DoD for the generation and supply of renewable energy.
- Defending a large ship repair company before the GAO in its protest of the award of a multimillion-dollar ship repair contract.
- Creating a government contract subsidiary for a large IT company for the sale of products and services.
- Representing a large defense contractor in its acquisition of a technology company, including novation of existing government contracts to the acquiring company.
- Assisting a geospatial information provider with receipt of venture capital funding and stock issuance, including conducting due diligence involving intellectual property rights conceived during performance of various government contracts and grants.
- Representing the buyer in the valuation of a smaller technology company’s government contract portfolio.
- Assisting a large software developer in acquiring small business software and services companies by performing due diligence on government contract assets.
- Creating a federal government contract subsidiary for a large software company for the sale of products and services.
- Representing a large defense contractor in resolving post-integration issues related to its acquisition of a systems engineering and technical assistance contractor, including organizational conflict of interest issues.
- Representing large transportation and security companies in resolving civil false claims allegations, including conducting an internal investigation and negotiating a comprehensive compliance agreement.
- Providing the seller with Hart-Scott-Rodino support for the merger of two large energy companies.
- Representing a renewable energy company in the negotiation and funding of a public-private partnership Power Purchase Agreement between the DoD and a private energy company.
- Negotiating a novation agreement in support of the commercialization of an Ebola vaccine.
- Obtaining a Defense Contract Audit Agency (DCAA) advance agreement on behalf of a merged organization negotiating in accordance with DFARS cost savings rules.
- Negotiating a vaccine contract with BARDA; contract terms reflect risk mitigation and avoidance with the U.S. government.
- Seeking waiver of Bayh-Dole Act’s domestic manufacturing preference.
- Conducting an internal investigation for a software provider in support of the client’s initial public offering.
- Providing National Industrial Security Program Operating Manual (NISPOM) support to a large foreign IP company in connection with its acquisition of a U.S. IP company; drafted necessary paperwork for FOCI Analytic Division to gain approval of the transaction.
- Assisting client in the sale of its domain name.
- Performing due diligence in support of mergers and initial public offerings.
- Providing compliance training for government contracting clients.
Litigation & Claims Resolution Matters
- Representing a client before the U.S. Court of Federal Claims in spent nuclear fuel litigation; recovered more than $300 million for the client.
- Handling several cases before the U.S. Court of Federal Claims, including more than $1 billion in claims against the United States.
- Representing a client in a patent infringement case; recovered over $10 million for the government’s infringement of the client’s mine detection patent.
- Representing a cloud computing company in resolving a multimillion-dollar contract dispute.
- Representing a large defense contractor in an international arbitration to resolve a multimillion-dollar dispute with a Taiwanese defense contractor under the United Nations Commission on International Trade Law (UNCITRAL) procedures.
- Representing the owner of a U.S.-flagged transport vessel before the Fourth Circuit Court of Appeals in a multimillion-dollar insurance dispute.
- Representing a large defense security company in a civil false claims action and collective action litigation.
- Representing a large defense company before the Armed Services Board of Contract Appeals in connection with claims stemming from offshore contracting during the Iraq War.
- Representing a large defense security company in a bid protest related to procurement in Afghanistan.
- As a licensed mediator, mediating a multimillion-dollar settlement of a contract dispute between a prime contractor and a subcontractor.
- Resolving more than 30 contract appeals stemming from contractor participation in U.S. operations in the Middle East.
- Representing a defense IT company in a DCAA audit dispute before the Armed Services Board of Contract Appeals (ASBCA).
- Representing a real estate management company in a leasing dispute with the VA.
- Representing clients in pre- and post-award protests before U.S. government agencies, the GAO and the U.S. Court of Federal Claims.
- Winning a sustained GAO decision for a major NASA contractor in a successful protest related to a $1.7 billion 10-year NASA program involving biomedical services supporting human spaceflight, setting precedent in the area of corporate transactions in proposal evaluations.
- Representing a major IT firm in a successful sustained GAO protest involving Air Force awards for network operations at locations worldwide (Network Centric Solutions–2) (Indefinite Delivery/Indefinite Quantity (ID/IQ) awards with a maximum value of $960 million).
- Representing a major consulting firm in a multiyear Financial Conduct Authority (FCA)investigation and high-profile litigation concerning teaming and subcontractor arrangements in dozens of government contracts with the DoD, GSA Schedule program and multiple civilian agencies, resulting in a successful settlement.
- Representing a major government contractor in Department of Justice investigations arising from performance in foreign nations and war zones during the Iraq War.
- Representing a major consulting firm challenging technical evaluations in a DoD multiple-award competition for intelligence analysis services; caused the agency to make an additional award to the firm for a contract with a $5.6 billion contract ceiling.
- Representing a major IT hardware company challenging its exclusion from the competitive range, causing the U.S. Army to restore the company to the competitive range and initiate new discussions in the Army’s ITES-3 competition with a $5 billion contract ceiling.
- Securing a GAO decision sustaining the protest for a major IT solutions company, challenging the evaluation of its technical demonstration by the DISA.
- Securing a GAO decision sustaining the protest for a major helicopter flight services company, challenging the technical qualifications of an awardee’s proposal.
- Securing a GAO decision sustaining the protest for a small scientific consulting business, challenging a sole source award by the Department of Energy.
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DoD Allows Contracts for Products or Services Using FAR Part 12 to Serve as Prior Commercial Item Determinations - Government Contracts Update
June 23, 2022
California Issues New Draft Privacy Regulations - Privacy & Cybersecurity Update
June 14, 2022
Forthcoming Federal Procurement Revisions Focus on Achieving Environmental Goals - Government Contracts & ESG Update
June 07, 2022
OFCCP Releases 2022 Corporate Scheduling Announcement List - Labor & Employment @lert
May 20, 2022
OMB Issues New Buy America Guidance for Federal Infrastructure Projects - Government Contracts Update
May 17, 2022
EU/UK Data Transfer Developments: ln-House Counsel FAQ - Privacy & Cybersecurity Update
May 16, 2022
Business Law Update - Spring 2022 - Thompson Hine Newsletter
May 12, 2022
SBA Revises Small Business Size Standards for 229 Industries - Government Contracts Update
April 29, 2022
Out With DUNS, In With UEI: New Unique Entity Identifier Is Here - Government Contracts Update
April 07, 2022
White House Warns of Imminent Cyberattacks; Describes Threat Mitigation Measures - Government Contracts and Privacy & Cybersecurity Update
March 25, 2022
Final Rule Amends FAR Part 25 Domestic Content Threshold Under Buy American Act - Government Contracts Update
March 14, 2022
Update on Federal Contractor and Subcontractor Vaccine Mandate - Government Contracts Update
February 17, 2022
January 14, 2022
December 20, 2021
Federal Court Issues Nationwide Injunction Against Federal Contractor Vaccination Mandate - Government Contracts/Labor & Employment Update
December 08, 2021
Federal Court Enjoins Enforcement of Federal Contractor Vaccination Mandate in Ohio, Kentucky and Tennessee - Government Contracts Update
December 03, 2021
DoD Announces (New) CMMC 2.0 - Cybersecurity & Government Contracts Update
November 08, 2021
FAR Council and Agencies Publish Class Deviation Clauses and Instructions to Implement EO 14042 Vaccine Requirements - Government Contracts Update
October 08, 2021
September 28, 2021
Threat of Another Government Shutdown: What Contractors Need to Know and Do Now - Government Contracts Update
September 27, 2021
Commerce Issues New Trade Remedy Regulations for Antidumping and Countervailing Duty Laws - International Trade Update
September 22, 2021
September 10, 2021
President Biden Signs Executive Order to Promote Competition in the U.S. Economy - Government Contracts Update
July 14, 2021
EU Approves New Standard Contractual Clauses for Cross-Border Data Transfers - Privacy & Cybersecurity Update
June 07, 2021
New Cyber EO: Issues for Government Contractors and the Private Sector - Government Contracts Update
May 18, 2021
March 25, 2021
Business Law Update - Spring 2021 - Thompson Hine Newsletter
March 23, 2021
Chemical Industry Regulatory Update – February 2021 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
February 10, 2021
Biden Administration Bolsters Buy American Requirements - Government Contracts & International Trade Update
January 27, 2021
GAO Bid Protest Filings Down in FY 2020; Effectiveness Rate Reaches Record High - Government Contracts Update
January 06, 2021
Consolidated Appropriations Act, 2021: Implications for Business - COVID-19 Update
December 30, 2020
DoD Publishes Interim Cybersecurity Rule on CMMC and DoD Assessments - Government Contracts Update
October 06, 2020
DoD Issues Updates to Grant and Cooperative Agreement Regulations - Government Contracts Update
October 01, 2020
SBA’s New Certification Regulations for Women-Owned Small Businesses - Government Contracts Update
September 18, 2020
DOJ’s False Claims Act Recoveries in Fiscal Years 2020 and 2019 - Government Contracts Update
September 15, 2020
Final CCPA Regulations Approved, Effective Immediately - Privacy & Cybersecurity Update
August 21, 2020
August 20, 2020
FAR Council Publishes Interim Rule on Section 889 Part B Increasing Prohibitions on Contracting with Companies Using Certain Chinese Telecommunications Equipment and Services - Government Contracts & International Trade Update
August 07, 2020
Section 889 Part B Expands Ban on Federal Contracting with Companies Using Chinese Company Equipment and Services - International Trade & Government Contracts Update
July 07, 2020
April 29, 2020
April 22, 2020
April 03, 2020
CARES Act: Implications for Businesses - COVID-19 Update
March 28, 2020
Government Contracting Using Emergency Acquisition Flexibilities - COVID-19 Update
March 27, 2020
March 26, 2020
March 24, 2020
March 23, 2020
March 19, 2020
How Federal Contractors Can Prepare for Coronavirus Disruptions - COVID-19 Update
March 16, 2020
March 13, 2020
Business Law Update - Winter 2020 - Thompson Hine Newsletter
January 27, 2020
Renewed Restrictions on the Use of Mandatory Employment Arbitration Agreements - Government Contracts Update
January 13, 2020
FY 2020 NDAA Signed into Law with U.S. Space Force, Cyber Operations & Acquisition Reforms - Government Contracts Update
December 26, 2019
GAO Finds Opaque Ownership Structures Pose Risks to DoD Procurement - Government Contracts Update
December 09, 2019
GAO Bid Protest Effectiveness Rate Remains 44% for Fiscal Year 2019 - Government Contracts Update
November 13, 2019
Justice Department Emphasizes Antitrust Enforcement Through Creation of Multi-Agency Antitrust and Bid-Rigging Strike Force - Antitrust & Government Contracts Update
November 12, 2019
Chemical Industry Regulatory Update – October 2019 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
October 10, 2019
DOD’s Cybersecurity Maturity Model Certification and Draft CMMC Model Framework - Government Contracts Update
September 17, 2019
GAO Releases Bid Protest Annual Report for FY 2018; Effectiveness Rate Is 44 Percent - Government Contracts Update
December 10, 2018