We guide clients through the complex web of statutes, regulations, contract clauses and compliance programs that characterize this unique area. Our attorneys take pride in offering practical, no-nonsense and cost-effective representation in all phases of Government contracting, including counseling, analysis, and aggressive litigation of disputes, particularly bid protests.

Our Government contracting services include:

• Bid protests. Our lawyers have literally decades of experience in successfully prosecuting bid protests for aggrieved offerors, and defending protests on behalf of successful awardees, before the General Accounting Office, in the Court of Federal Claims, in the specialized proceedings created by the Federal Aviation Administration’s Office of Dispute Resolution for Acquisition, and in protests to the procuring agency. We also have extensive experience in bringing size or disadvantaged status protests before the Small Business Administration and prosecuting and defending challenges to small business size or disadvantaged business status. Our attorneys also are prepared to challenge selection of the wrong North American Industry Classification System (NAICS) code for a given procurement. Click here to read an article about size protests.

For more detailed information about our successful bid protest practice, CLICK HERE.
 

• Pre-proposal advice, including GSA Schedules, small business, minority business and other preferences. Savvy contractors know that the key to winning an award, or avoiding post-award bid protests, often lies in steps taken before submitting the initial proposal. Devising a strategy for using or competing against preferences, understanding the restrictions and opportunities in the GSA Schedules or in Government-wide acquisition contracts, or resolving ambiguities in solicitation clauses and provisions are just a few of the many underappreciated techniques that fall into this category.

  Securing legal advice at these early stages of procurement is the most cost-effective, but most frequently overlooked approach to the Government contracting process. Our attorneys emphasize early planning to prevent larger problems later.

  GSA Schedules. Sales now total tens of billions annually, making the GSA Schedules program too large and pervasive for any federal contractor to ignore. We advise clients on all issues that arise in Schedules competitions, such as the use of the FAR’s streamlined procurement procedures, out-of-scope and teaming questions, and commercial items procurements, among others.

  We also regularly counsel clients on small business set-aside issues, and the Small Business Administration's 8(a) Business Development and Small Disadvantaged Business programs. Recent changes to regulations require periodic recertification of small business status, which should eliminate one frequent source of controversy, but limitations on subcontracting, for example, remain a focal point for disputes. Service-disabled veteran-owned small business preferences appear to be the newest potential contracting opportunities and pitfalls.

• Teaming agreements and subcontracts. Properly drafted teaming agreements and subcontracts can also prevent disputes between prime contractors and subcontractors. Our attorneys have extensive experience in preparing and negotiating these agreements, both on behalf of prime contractors and subcontractors. When disputes could not be otherwise resolved, we have litigated cases to achieve successful resolutions.
• Organizational conflicts of interest (OCI). Challenges to OCI’s usually arise as issues in a bid protest, and often may be the principal ground for a protest. Our bid protest experience includes such cases, and we also help clients formulate plans to avoid or mitigate OCI’s at all stages of contract performance or proposal preparation. Click here to read a recent article about OCI’s.
• Claims. If disputes arise during contract performance, we offer advice on--and assist in preparing requests for--equitable adjustments or claims for additional compensation. If a dispute cannot be resolved at the agency level, we can appeal and litigate the claim before the two Boards of Contract Appeals, or in the Court of Federal Claims.
• Terminations. We help contractors submit claims after termination of contracts for the convenience of the government, and defend contractors against a threatened or actual termination for default.
• Suspensions and debarments. Our lawyers help defend contractors against suspension or proposed debarment by federal agencies.
• State and local procurement matters. We provide the same services on state and local procurement issues as described for federal contracts.