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GOVERNMENT CONTRACTS

We provide value-driven counsel on the nuanced risks, obligations and business issues enabling successful commercial relationships with government entities.

Our approach

Entering a contract with a governmental entity or agency carries risks as well as rewards. The laws and regulations governing government contracts are unique and vary greatly from the laws applicable to commercial sales.

We work closely with companies to help them take advantage of the opportunities associated with federal, state and local government contracts. Beyond the contracts, we make sure our clients also understand the risks, obligations and larger business issues associated with them.

Our lawyers handle multibillion-dollar transactions and litigation with the U.S., state and municipal governments and help small and mid-size companies enter the federal procurement marketplace. We assist and counsel clients throughout the entire life-cycle of government contracts, from negotiation to close-out. We represent contractors in litigation and other proceedings before various courts and administrative agencies.

Who we work with

  • Government Contractors
  • Subcontractors to Government Contractors
  • Suppliers of Goods and Services to Government agencies
  • Small Disadvantaged Businesses
  • Commercial entities seeking to become Government Contractors or Subcontractors

Recognition

  • U.S. News/Best Lawyers “Best Law Firms” ranked as National Tier One in Commercial Litigation, Litigation—First Amendment, Litigation—Labor & Employment and Mass Tort Litigation/Class Actions—Defendants. Received Tier One Metropolitan Honors in Commercial Litigation, Criminal Defense: White Collar, Litigation—Securities, Litigation—Bankruptcy, Litigation ERISA, Mass Tort Litigation/Class Actions—Defendants, Product Liability Litigation—Defendants, Litigation—Construction and in Civil Rights Law in numerous cities throughout the U.S.
  • BTI Litigation Outlook 2013
    • “Most Feared Law Firm”—Honor Roll
    • Strong Performance—Commercial Litigation, IP Litigation, Product Liability Litigation
  • Chambers USA/Global
  • Legal 500
  • Benchmark: Litigation/Appellate

Recent experience

Contract formation and negotiation: The first steps of any government contract are submitting the bid for the contract and dealing with the forms, terms and clauses of the contract. We have advised both bidders and government agencies with respect to the bidding process. Examples of our experience in this area include the following:
  • We have helped government agencies to overhaul their bidding process, establishing rules and procedures for drafting requests for proposal, responding to questions from potential bidders and developing a framework for evaluating bids and selecting the winning proposal.
  • We have also advised bidders concerning the bidding process and assisted in drafting proposals. We have assisted successful bidders in finalizing the terms of government contracts and subcontracts, including advising them on establishing procedures and structures to satisfy compliance obligations.
  • We advise both contractors and subcontractors concerning aspects of government contract law that may impact their business arrangements in unexpected ways. This includes advising them on aspects of the Assignment of Claims Act, which may affect their financing arrangements and on “flow-through” obligations, which may impose a wide variety of federal labor, environmental and anti-discrimination rules and other requirements on subcontractors in the federal contracting arena.

Protests and claims: We have defended and challenged contract awards before federal agencies, at the General Accountability Office, in the Court of Federal Claims and in state agencies and courts involving a full range of protest issues, including improper sole source decisions, IDIQ evaluations, small business size determinations and HUBZone protests. Examples of our experience in this area include the following:

  • Successfully appealed an adverse decision of the Small Business Administration to sustain a HUBZone protest against our client, securing our client’s multi-million dollar contract award.
  • Successfully represented master real estate developer of Ballpark District in litigation relating to real estate development rights surrounding new baseball stadium in Washington, D.C., Monument Realty, Inc. v. Washington Metropolitan Area Transit Authority, 535 F.Supp. 2d 60 (D.D.C. 2008), 540 F.Supp. 2d 66 (D.D.C. 2008)
Litigation: We have significant experience with litigation concerning every aspect of government contracts. Examples of our experience in this area include the following:
  • Successfully represented Signature Flight Support Corporation in a multimillion dollar ground sublease dispute involving a Signature sublessee, Landow Aviation and Metropolitan Washington Airports Authority, at the Washington Dulles International Airport, Signature Flight Support Corporation v. Landow Aviation Limited Partnership, Case No. 1:08cv955, 2010 U.S. Dist. LEXIS 24877 (E.D. Va. March 17, 2010) obtaining declaratory judgment and permanent injunction, affecting general aviation rights at Washington’s Dulles Airport for the next 25 years and recovering substantial attorney’s fees
  • Representation of a federal grant applicant who was denied grant payments under Section 1603 of the American Recovery and Reinvestment Act. In a case of first impression, we filed suit under the Tucker Act in the Court of Federal Claims alleging that the United States’ Department of the Treasury wrongfully denied the grant payments
  • In multiple cases, we represent a group of owners who seek contractual damages arising from federal legislation and the United States Housing and Urban Development rules that breached the rent adjustment provisions of the owners’ Section 8 housing assistance payments contracts. In one of these cases, the court has confirmed that the government breached the contracts and parties are attempting to determine damages.
  • We represent a nationwide group of owners of multifamily housing who are suing the U.S. government for a taking that occurred when they were prohibited from prepaying their HUD-insured mortgage loans, in violation of the terms of the loan documents.
  • Representation of a German contractor in a dispute against the Defense Department concerning a construction contract at a U.S. military base in Germany.
  • Representation of a large construction company awarded a multi-million-dollar state government construction contract; providing legal guidance on project management and claims preparation in anticipation of litigation against the state agency based upon the awarded government contract
Investigations and qui tam litigation: We have handled many cases and investigations involving allegations of wrongdoing. Examples of our experience in this area include the following:
  • Representation of a public company concerning a contract with the United States in which it sold technology to assist the Department of Homeland Security. Representation of the company in connection with an investigation involving allegations of potential false claims, false statements and fraud. This matter also involves a whistleblower, who is most likely working with the government. To date, we have assisted in discussions with the Department of Justice and Department of Homeland Security and with responding to multiple administrative subpoenas that have required a massive electronic discovery undertaking.
  • Representation of a contractor that provided services to assist in military operations in Southwest Asia that is currently under investigation with allegations concerning fraud, false certifications and billing issues. This matter has also involved subpoenas and discussions with the Department of Justice (concerning both criminal and civil components).
  • Successfully obtained dismissal of a qui tam False Claims Act case against client who held a contract with the United States Army at the Tobyhanna Army Depot. An employee who worked at the Depot alleged that his termination was in retaliation for raising FCA concerns. We filed a detailed motion to dismiss and were able to obtain dismissal prior to any discovery in the matter.
Mergers and acquisitions: We work seamlessly with our mergers and acquisitions team in conducting due diligence reviews of government contracts, assisting companies in navigating export control laws and counseling clients acquiring government contractor entities. Examples of our experience in this area include the following:
  • We have supported European aerospace and defense companies in connection with acquisitions in the following industries and industry sectors: commercial satellite payload designer and manufacturer, satellite launcher designer and manufacturer, commercial and military aircraft maintenance services, geospatial satellite services, aircraft instrument maintenance services, military aircraft overhaul and customization, security network equipment and services, general Department of Defense services contracting, military ship design and secured network systems.
  • We have worked with an industry-leading French company in its multi-stage acquisition of a U.S.-based chemicals company serving nuclear and other energy-related sectors.

Specialty advice (e.g., CAS compliance): We have extensive experience in assisting contractors with compliance issues. We have conducted compliance reviews and designed compliance policy and training programs on various topics including cost and pricing data; ethical requirements; FAR-required codes; labor, employment, safety and wage/hour compliance; and mandatory disclosure obligations. As a recent example, we devised a compliance program and provided accompanying training on the above topics for a subcontractor that provides parts for use by the United States military.

Media Clips

  • DoD Cybersecurity: Safeguarding Unclassified Covered Defense Information
    Government Contracting Law Report | July 1, 2016
    Washington, DC, partner Vincent Napoleon and associate Harini Kidambi co-authored this column discussing steps being taken by the Department of Defense to minimize vulnerabilities and the impact of cyberattacks against defense contractors.
  • Contracting Advocates Skeptical of Proposed Regulation Revision
    Inside Defense | December 24, 2015
    Washington, DC, Government Contracts partner Vince Napoleon provides commentary in this feature story on a proposed regulation meant to reduce constant submissions of pricing paperwork which has the right intent but may not solve the problem at hand.
  • Problems in DOD Plan to Reduce TINA Regulatory Actions
    Law360 | December 21, 2015
    Washington, DC, partner and leader of the Government Contracts group Vincent Napoleon and Washington, DC, associate Nia Newton co-authored this column on the latest proposed amendments to the Defense Federal Acquisition Regulation Supplement seeking to reduce unnecessary and repeated submissions of certified costs or pricing data pursuant to the Truth in Negotiation Act.
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  • Rainmakers Who Always Shine
    Diversity & the Bar | November 1, 2015
    Washington, DC, M&A and Corporate Transactions partner Vince Napoleon, who leads the firm’s government contracts team, is profiled in this special section.
  • World Bank Tries Procurement Reform to Cut Corruption Risk
    Compliance Week | October 14, 2015
    Washington, DC, partner and leader of the firm’s Government Contracts team Vince Napoleon provides commentary in this piece on changes to the World Bank’s policies and procedures that will make the procurement process more consistent, transparent, and streamlined.
  • In Split Victory for Contractors and Whistleblowers, Supreme Court Rejects Expansive Statute of Limitations Theory for False Claims Act Cases and Clarifies Application of Act's "First-to-File" Bar
    Pratt's Government Contracting Law Report | October 1, 2015
    This contributed column is authored by Boston Government Investigation & White collar defense partner Brian Kelly and Washington, DC, Government Investigations & White Collar Defense associate Emily Crandall Harlan. Click here to read the full article.
  • Public-Private Partnerships—Is This a New Concept in Government Contracting?
    Government Contracting Law Report | September 1, 2015
    Washington, DC, partner and leader of the Government Contracts team Vince Napoleon authored this column discussing the future of public-private partnerships (“P3s”) in government contracting. Washington, DC, department attorney Diana Vilmenay co-authored the column.
  • Are P3s The 'New' Thing in Government Contracting?
    Law360 | June 16, 2015
    Washington, DC, Government Contracts partner Vince Napoleon and Washington, DC, IP litigation staff attorney Diana Vilmenay authored this column on the rising popularity of public-private partnerships as a form of government contracting.
  • The Rising Tide of Suspensions and Debarments in Government Contracts
    Government Contracting Law Report | June 10, 2015
    In the second of this two-part column, Washington, DC, partner and leader of the firm’s Government Contracts team Vince Napoleon and Rochester Commercial Litigation counsel Kevin Saunders discuss the increasing the number of suspensions and debarments among government contractors.
  • A Look at IRS Plan for Contracts with Foreign Contractors
    Law360 | May 1, 2015
    Washington, DC, partner and leader of the firm’s Government Contracts team Vince Napoleon and Washington, DC, M&A and Corporate Transactions associate Rob Trott coauthored this article discussing the Internal Revenue Service’s proposed regulations related to the assessment of a foreign contracts excise tax.
  • The Rising Tide of Suspensions and Debarments in Government Contracts
    Government Contracting Law Report | May 1, 2015
    Washington, DC, partner and leader of the firm’s Government Contracts team Vince Napoleon and Rochester Commercial Litigation counsel Kevin Saunders coauthored this column, the first of two in this series, on how the current environment is increasing the number of suspensions and debarments among government contractors.
  • Growing Potential for P3 Infrastructure Development in Cuba
    Law360 | January 30, 2015
    Washington, DC, Commercial Litigation and Government Contracts partner Vince Napoleon and Washington, DC, IP Litigation staff attorney Diana Vilmenay authored this column on the potential impacts of new developments in U.S./Cuba relations on Cuban infrastructure growth.
  • Insights on DOD's Final Counterfeit Parts Rule
    Law360 | December 15, 2014
    Washington, DC, Commercial Litigation partner Vince Napoleon and Washington, DC, IP Litigation staff attorney Diana Vilmenay authored this column discussing the Department of Defense’s counterfeit parts rule.
  • Mitigating the Risk of Contractor Ethics and Compliance Violations
    Contract Management | November 14, 2014
    Washington, DC, Commercial Litigation and Government Contracts partner Vince Napoleon authored this article discussing consequences government contractors could face for failing to meet compliance and ethics obligations.
  • DOD Focusing On Competition: What Contractors Should Know
    Law360 | September 8, 2014
    Washington, DC, Government Contacts and Commercial Litigation partner Vince Napoleon and Washington, DC, Commercial Litigation associate Katherine Bastian discuss new Department of Defense guidelines which contain various techniques and examples for developing acquisition strategies that combat constraint on competition.
  • 3 Cybersecurity Steps Defense Contractors Need To Take
    Law360 | August 5, 2014
    Washington, DC, Government Investigations & White Collar Defense partner Grayson Yeargin, Washington, DC, Commercial Litigation and Government Contracts partner Vince Napoleon and Washington, DC, Commercial Litigation associate Katherine Bastian discuss steps companies doing business with the government should take as they are facing new cybersecurity requirements.
  • Versar picks up J.M. Waller
    The Deal | July 2, 2014
    Client J.M. Waller Associates’ sale to Versar, Inc. is highlighted in this piece. The coverage notes J.M. Waller’s legal team led by securities practice group leader John Partigan and includes partners Brian Kopp and Christian McBurney; associate Pierce Han; and paralegal Alicia Rotella.
  • "Reprocessed" and the Berry Amendment: When Domestic Preference Turns a Blind Eye to Common Usage
    Procurement Lawyer | March 21, 2014
    Washington, DC, Commercial Litigation and Government Contracts partner Vince Napoleon and Washington, DC, Commercial Litigation associate Angela Buckner authored this column discussing the Berry Amendment, which requires the Department of Defense to give preference in procurement to domestically produced, manufactured, or home-grown products.
  • People on the Move
    Washington Business Journal | February 4, 2014
    This coverage notes that Washington, DC, Commercial Litigation & Government Contracts attorney Vince Napoleon has been elected to the firm’s partnership.

Ideas

Federal spending and the National Defense Authorization Act: Autopilot now, but possible turbulence ahead
Government Contracts Alert | October 26, 2016

GAO bid protest reform by the House and Senate: Is the process broken?
Government Contracts Alert | July 15, 2016

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DoD cyber security: safeguarding unclassified covered defense information
Government Contracts Alert | May 3, 2016

Round One of Escobar: Petitioner and Amici Urge Court to Eliminate Controversial Theory of FCA Liability
Government Investigations & White Collar Defense Alert | February 9, 2016

Taking a life cycle approach to data rights could increase contract awards
Government Contracts Alert | January 8, 2016

DoD proposed amendments to DFARS to reduce unnecessary TINA regulatory actions
Government Contracts Alert | December 16, 2015

The Supreme Court will review False Claims Act circuit split regarding what counts as a "false" claim for payment
Government Investigations & White Collar Defense Alert | December 9, 2015

DoD interim rule expands contractors' duties relating to cybersecurity and cloud computing
Government Contracts Alert | September 30, 2015

DoD proposes amendments to DFARS for further prevention of counterfeit electronic parts
Government Contracts Alert | September 25, 2015

The vanishing "facilitating payments" exception in the FCPA: Is relying on it worth the risk?
Government Contracts Alert | July 30, 2015

Ban on federal election campaign contributions by federal government contractors withstands constitutional challenge: Will the Supreme Court review the ban?
Government Contracts Alert | July 9, 2015

Public-private partnerships—Is this a new concept in government contracting?
Government Contracts Alert | June 12, 2015

FY16 federal budget update: fair skies now, but storm clouds forming
Government Contracts Alert | May 29, 2015

Foreign contractors beware: notice of proposed rulemaking for tax on certain foreign procurement contracts
Government Contracts Alert | April 30, 2015

Growing potential for P3 infrastructure development in Cuba
Public-Private Partnerships Alert | January 28, 2015

Enhancing competition through new DOD guidelines
Government Contracts Alert | September 4, 2014

Defense and intelligence contractors need to take these three steps to meet new cybersecurity requirements
Government Contracts Alert | August 5, 2014

Backlog of business system audits prompts DoD proposed rule for contractor self-assessment
Government Contracts Alert | August 1, 2014

DoD final rule for the detection and avoidance of counterfeit electronic parts impacts contractors' operations
Government Contracts Alert | June 25, 2014

The 500 series: U.S. government eases exports of satellites
Export Controls & Economic Sanctions Alert | May 20, 2014

"Reprocessed" and the Berry Amendment: When Domestic Preference Turns a Blind Eye to Common Usage
May 13, 2014

New "final" OFCCP rules for veterans and the disabled significantly affect existing contractors and their subcontractors
Government Contracts Alert | April 4, 2014

U.S. ramps up sanctions in response to Crimea crisis
Export Controls & Economic Sanctions Alert | March 28, 2014

Court rejects FCA liability theory based on FDA manufacturing standards
Government Investigations & White Collar Defense Alert | March 4, 2014

Public sector improvements are coming and other key takeaways from the Africa PPP Conference & Showcase
Africa Alert | January 16, 2014

Senator Leahy introduces Personal Data Privacy and Security Act once again, calling for universal data security standards
Privacy Alert | January 16, 2014

Investors: prepare now to take advantage of African public-private partnerships in 2014
Africa Alert | December 17, 2013

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