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 a strong Midwest presence enables the Government Contracts practice to provide both large and small clients with unmatched value. Our experience includes:

Contract Bidding & 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 & 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