Contracting with U.S. governmental entities is heavily regulated and immensely complex. The professionals in Polsinelli’s Government Contracts practice successfully help domestic and international clients navigate through the complex legal issues involved in government contracting. As veterans in counseling and litigating issues arising out of the procurement processes of Federal, state, and local government agencies, our attorneys are focused on providing clients with straightforward legal and practical advice unique to the client’s industry focus. 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 Grants and OTAs
  • Bid protests before the GAO, Court of Federal Claims, and state and local government entities
  • Certification and representation requirements
  • Bid mistakes
  • Teaming Agreements
  • Debarment and suspension
  • Small Business contracting and set-aside programs
  • Construction contracts, both formally advertised and design-build
Contract Performance
  • Federal Contract clauses “incorporated by reference”
  • Intellectual property rights and ownership
  • Change order negotiations
  • International contracting, including compliance with international trade and embargo laws and regulations, the Buy American Act, the Defense Base Act
  • Novation agreements
  • Affirmative Action Requirements (including labor and socioeconomic concerns)
  • DCAA Audits
  • Ethics Requirements and Suspension and Debarment Actions
  • Terminations for default and convenience
  • Internal Investigations
  • Defense of False Claims and/or Fraud allegations
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
Service Industry Clients Include 
  • Aerospace and Defense contractors
  • Information technology companies
  • International development contractors
  • Professional and technical service providers
  • Security and mission support contractors
  • Logistics service providers
  • Architect & Engineering firms
  • Military housing privatization contractors
  • Nuclear facility contractors
  • Environmental remediation companies
  • Biotechnology companies
  • Life sciences and health care companies
  • Prescription drug benefit providers
  • Munitions contractors
  • Telecommunication satellite providers
  • Ship Husbanding contractors
  • Construction contractors (power plants, dams, roads, bridges, large diameter tunnels, levees, telecommunications facilities, hospitals, wastewater treatment facilities, prisons, schools and buildings)
  • Successfully negotiated settlement of an ASBCA appeal regarding aviation services performed in Afghanistan following a two-day mediation.
  • Assisted publicly-traded technology company in successful proposal for, and negotiation of, OTA with DARPA.
  • Represented Dutch-owned medical device manufacturer in negotiation of new Federal Supply Schedule contract with the VA.
  • Advised Italian aerospace manufacturer on all aspects of major U.S. Air Force procurement, including proposal, compliance, and negotiation of relationships with vendors. 
  • Successfully represented fuel transportation services contractor in debarment proceedings before the U.S. Air Force.
  • Won GAO bid protest on a $200 million contract for upgrades of communications equipment on Navy ships. The client later was awarded the contract.
  • Represented life sciences company in internal investigation regarding government pricing practices. 
  • Represented UK public company in U.S. government contracts and export control matters. 
  • Represented a leading global provider of commercial satellite services and communications solutions in a GAO bid protest concerning award of a $650 million satellite services contract with the Department of Defense. Case involved significant technical issues relating to satellite and communications technology. The client’s contract was preserved.
  • 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.
  • Obtained a sustained GAO bid protest for an architectural and engineering firm against the award of a Department of Veterans Affairs IDIQ contract.  The client was awarded a contract as a result of the protest.
  • Guided Japanese commercial software company through regulatory compliance issues and multiple subcontract negotiations under DOD and GSA contracts. 
  • Successfully represented Fortune 500 company in federal debarment review stemming from a deferred prosecution agreement related to violations of federal immigration and labor laws. The agency determined the company was a responsible contractor.
  • Obtained a sustained GAO bid protest for a cyber-security services contractor against the award of a large HHS task order.    
  • Advised large pharmacy benefit manager with its $500 million federal contract. Company legal issues include competition, compliance, pricing, technology security, personnel security requirements and protection of information.
  • Successfully defended a client against government false claims allegations concerning submission of progress payment requests. The client was released without liability and the government dismissed all false claims allegations.
  • Defended a large architectural and engineering firm in U.S. District Court,Eastern District of Virginia, with a dispute over the adequacy of the design of a major prison facility in south-central Virginia.
  • Represented international development company in defense of claims by subcontractor employee (and his family) who was detained and convicted of crimes against a totalitarian regime while working on a USAID project. Following the filing of a motion to dismiss, case was favorably settled.
  • Represented general contractor in prosecution and defense of claims stemming from the construction of a three-by combined cycle power plant in upstate New York. Issues included delays, productivity impacts and additional work along with quality issues. Case resolved favorably after trial.
  • Conducted an internal investigation for a client whose employees misappropriated company property and submitted false/inflated proposals to the government. Guided the company in making a voluntary disclosure that resolved all issues for the client.
  • Guided a large defense contractor through a criminal investigation under the False Claims Act, producing a decision by the federal government to close the case after determining that there was no basis to prosecute.
  • Represented contractor accused of False Claims Act violations related to pricing of construction of five bases in Northern Iraq. Justice Department had intervened in qui tam action. Performed internal audit of contract pricing and assembled documentation to oppose government’s position. Upon completion of analysis, made presentation to DOJ who then withdrew its intervention and declined to prosecute the FCA case.
  • Represented a large mechanical contractor in a multi-million dollar federal lawsuit in a dispute with the City of Houston, Texas, over the renovation and construction of the heating and air conditioning plant for Busch Intercontinental Airport. As a result, client recovered costs and associated profits for direct costs and delay and inefficiencies incurred.
  • Counsel for general contractor in defense of claims from pipe manufacturing subcontractor on hydroelectric project in Santa Barbara, Calif. Manufacturer sued in state court in Wisconsin for more than $8 million. Case settled for $300,000.
  • Represented general contractor in the prosecution of claims related to cut-and cover tunnel as part of the Boston “Big Dig” road construction project.
  • Represented general contractor in presentation of claim on hydroelectric power plant in San Bernardino, Calif. Issues included differing site conditions, delays, productivity impacts and extra work claims by the contractor and defense of false claims allegations by the state. Case settled after seven-month trial.
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March 31, 2021
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