We counsel our clients on the full range of issues related to entering into and continuing to do business successfully with government entities. Government contractors operate in one of the most highly regulated business environments in the world. They face a vast array of continually evolving laws, regulations, agency guidance, judicial opinions and procurement specific requirements. We counsel clients on how to operate successfully in that environment, how to create the “infrastructure” they need to survive and thrive and how to improve and enhance their systems as their businesses, and the rules under which they must operate, change.
Bid and Proposal Review and Related Advice
Our team draws on personal and professional experience as former government, corporate in-house and outside counsel; advising clients on both the details and the legal strategies of successfully responding to requests for bids and proposals from government entities. Our lawyers analyze the terms and conditions of RFPs, RFQs and other types of government solicitations and assist clients in mitigating the risks of protests and audits. We also provide broader advice, looking to the risks of, for example, the potential for organizational conflicts of interest and business conflicts that could inhibit growth.
In connection with responding to government procurement opportunities, we also represent prime contractors and subcontractors in teaming agreements and joint venture arrangements, and in formation and performance of subcontracts. We draft and negotiate subcontract provisions, including those required by government laws and regulations.
Contract Performance Issues and Audit Response Counseling
Our counseling activities encompass every type of performance issue, including interpretation of contract clauses, renewals and modifications, identification and pricing of change orders and defense against government audits and investigations.
A major aspect of our counseling activities is the interpretation of new and existing procurement laws and regulations. Because we monitor federal legislative and regulatory initiatives, we are able to advise clients in a timely manner on changes in contract requirements involving pricing, organizational conflicts of interest, technical data rights, accounting systems, commercial item contracting, counterfeit parts and industrial security requirements.
Domestic Preference Requirements, Labor Laws and Socioeconomic Provisions
We counsel clients on various socioeconomic programs, such as those pertaining to small businesses, subcontracting plans, labor laws, the Buy America and American laws, the Trade Agreements Act, NAFTA and other international trade laws. Our knowledge of wage and hour laws, collective bargaining laws and other employment laws and regulations is of major importance to construction companies, field service companies and similar contractors that are most often affected by OFCCP investigations.
ITAR and EAR
Our firm has substantial experience advising government contractors regarding export controls under the State Department (ITAR) and Commerce Department (EAR) regulations, as well as other restrictions on exports or international activities of government contractors. We counsel proactively in these areas as well as represent clients in enforcement matters before the applicable regulatory agencies.
To help clients remain in compliance with the many requirements of complex federal, state, and local law, we conduct on-site reviews of client business practices and procedures and help develop ethics and compliance programs.
Our lawyers have extensive experience counseling clients regarding the following types of transactions: