U.S. federal, state, and local government contracts and assistance agreements are subject to a myriad of complex regulations where compliance is of utmost importance. Polsinelli’s Government Contracts practice provides strategic counseling and services to assist domestic and international clients understand and successfully navigate the legal issues involved in contracting with federal, state, and local governments.

Our attorneys are government contracts strategists who are well versed in all aspects of government contracts from bid and proposal, to contract formation, performance and contract closeout.  They focus on providing clients with straightforward legal and practical advice tailored to the clients’ industries and businesses. Polsinelli’s national platform with strong Midwest presence enables the Government Contracts practice to provide both large and small clients with unmatched value. Our experience includes:

Contract Bidding and Awards

  • Federal, state and local contracting
  • All forms of contract vehicles (including GSA & VA FSS, MACs, GWACs, Commercial, Brooks Act, R&D, SBIR/STTR) 
  • Grants, Cooperative Agreements, CRADAs, and OTs
  • Bid protests and challenges before the agency, GAO, Court of Federal Claims, and state and local government entities
  • Subcontract, teaming, and joint venture agreements
  • Construction contracts, both design bid build and design-build and A&E services under the Brooks Act
  • Small business contracting, mentor protégé, and set-aside programs
  • Protection of intellectual property rights
  • Cost and pricing disclosure and certification requirements (TINA)
  • Debarment and suspension

Contract Performance

  • Contract review and negotiation
  • Compliance planning, training and auditing
  • Change order negotiations
  • Compliance with TAA, BAA, Berry Amendment, and country of origin laws and international trade restrictions
  • Novation and change-of-name agreements
  • Affirmative Action Plans, Service Contract Labor Standards, Davis Bacon, and other labor and provisions
  • Subcontracting plans -  commercial or contract specific
  • DCAA Audits
  • Government ethics requirements, including conflict of interest, Procurement Integrity Act, and post-government employment (“revolving door”)
  • Proposed suspension and debarment actions
  • Terminations for default and convenience
  • Internal investigations, mandatory disclosures, and responding to agency, OIG and DOJ investigations
  • Defense of False Claims Act and/or fraud and qui tam allegations
  • Disputes between prime contractor/subcontractor/team members
  • M&A, corporate structuring and due diligence
  • Cybersecurity and privacy
  • Security clearances, facilities clearances, and classified information
  • Domestic preference programs (e.g., Buy American Act, Trade Agreements Act, and agency-specific programs)
  • Department of Transportation DBE Program
  • FAA Screening Information Requests (SIR) and ODRA Bid Protests
  • SBA small business size standards, size protests, and OHA appeals

Contract Disputes

  • Preparation, litigation, negotiation, and defense of requests for equitable adjustment and claims
  • Appearance before the Boards of Contract Appeals, the Court of Federal Claims, as well as federal, state and local trial and appellate courts
  • Arbitration and mediation proceedings
  • Preparation and negotiation of pass-through claims and claim liquidation agreements
  • Close-out processes

Service Industry Clients Include

  • Aerospace and Defense contractors
  • Emerging technology, software, and AI companies
  • Information technology companies
  • International development contractors
  • Professional and technical service providers
  • Non-profit and charitable organizations
  • Life sciences and health care companies
  • Security and mission support contractors
  • Logistics service providers
  • Architect & Engineering firms
  • Military housing
  • privatization contractors
  • Nuclear facility contractors
  • Environmental remediation companies
  • Biotechnology companies
  • Construction contractors 
  • Represented a major defense contractor in a sustained appeal at the Armed Services Board of Contract Appeals (ASBCA), including a significant financial recovery.
  • Obtained a permanent injunction at the Court of Federal Claims of award under a solicitation for foreclosure-related services, following a denial of the same protest grounds at GAO.
  • Successfully defended DEA $60 million contract award to analytic linguist services company for Title III services at the Court of Federal Claims.
  • Successfully represented IT services provider in multiple bid protests challenges before the FAA Office of Hearing Dispute Resolutions and Appeals.
  • Negotiated multiple Other Transactions with the Defense Advanced Research Projects Agency on behalf of a commercial technology company, including significant revisions to ‘standard’ intellectual property and data rights provisions.
  • Served as outside general counsel for government contracting issues to multiple public commercial and emerging technology companies.
  • Represented an international development contractor in several internal investigations regarding overseas contract and grant work and coordinated the resolution of those matters with the Department of State.
  • Obtained a state court injunction of a contract award for networking hardware with the nation’s largest school district, resulting in our client ultimately receiving the contract. 
  • Negotiated a large, sole-source supply contract with the Department of Health and Human Services for medical devices critical to fighting COVID-19.
  • Counseled foreign aircraft manufacturer through proposal development and compliance assessment, including substantial data rights concerns, for a major U.S. Air Force aircraft procurement.
  • Assisted multiple foreign-owned companies with establishing U.S.-based operations qualified for and compliant with federal contracting requirements, including eligibility to obtain security clearance and Foreign Ownership, Control, and Influence (FOCI) mitigation.
  • Successfully negotiated beneficial subcontract terms and conditions with a major defense contractor for a complex, multi-year program on behalf of a lower-tier technology subcontractor.
  • Successfully challenged Department of State’s award of a hand held radio contract for its overseas personnel permitting the incumbent to continue provision of the required services.
  • Obtained an injunction before the Court of Federal Claims in a GAO protest of a Department of Veterans Affairs award where the awardee proposed services that were outside the scope of its GSA Schedule contract.
  • Successfully challenged awardee’s small business size status where the awardee was not the manufacturer of products being sold to the DLA under a small business set-aside contract.
  • Successfully represented fuel transportation services contractor in debarment proceedings before the U.S. Air Force.
  • Obtained an injunction at the Court of Federal Claims for an IT systems integrator protesting its exclusion from a large, multiple-award Army contract vehicle.
  • Successfully represented a large logistics provider in GAO protest of $165 million Department of State contract for global services that was protested by two competitors.
  • Successfully defended information technology reseller in False Claims Act litigation alleging noncompliance with the Trade Agreements Act under the reseller’s GSA Schedule contract.
  • Persuaded the GSA Federal Acquisition Service to reinstate service-disabled, veteran-owned, small business’s GSA Schedule contract after the GSA improperly terminated the contract for alleged insufficient sales.  Prior to the improper termination, the SDVOSB had been awarded a substantial task order that it would have lost if its FSS contract had not been reinstated.
  • Advised international services client on meeting and presentation in response to Department of State’s proposed debarment.  Department of State SDO determined that client was responsible contracting party as a result of the presentation and demonstration of current responsibility.
  • Successfully obtained commercial item designation of a subcontractor’s products by a major defense contractor, including concurrence by the Government, in a hotly contested program negotiation.
  • Counseled multiple lower-tier subcontractors through their disclosure obligations and negotiation strategy under the Truthful Cost or Pricing Data statute (formerly the Truth in Negotiations Act, or TINA)
  • Successfully counseled Seller in an M&A transaction through investigation, Buyer disclosure, and mitigation of potential False Claims Act liability risk arising in the course of diligence.
  • Represented a Fortune 100 technology company with respect to a GSA investigation into potential civil fraud relating to allegations of overcharging on a GSA contract.
  • Successfully defended Afghan business and its principals from allegations of fraud and the majority of the government’s claims for repayment resulting from a SIGAR report on work performed under a Department of State grant for A&E services in Afghanistan.
  • Advised multiple clients on the data rights clauses and the U.S. government’s entitlement to certain rights in data and “subject inventions” made under U.S. government contracts and grants.  The advice permitted such clients to properly identify intellectual property that was created at private expense and otherwise limit the U.S. government’s rights in such intellectual property.

 

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Author, Government Contractor Update Blog
July 22, 2021
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July 1, 2021
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April 28, 2021
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March 31, 2021
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March 3, 2021
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February 11, 2021
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January 22, 2021
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January 21, 2021
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January 15, 2021
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January 4. 2021
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