LeClairRyan’s Government Contracts attorneys represent clients in all areas of Government Contracts practice, including the procurement, administration and regulation of government contracts, as well as in mediation, arbitration and litigation when those processes become problematic. This team of attorneys - in conjunction with other Firm attorneys with particular experience in corporate law, securities, technology and intellectual property, financing, employment, taxation, immigration, governmental affairs, litigation, and bankruptcy - is experienced in addressing all of the legal needs of businesses operating in this highly regulated area.
Our attorneys provide legal advice tailored to our client’s business needs, and serve as advisors in explaining the legal framework, counselors in assisting clients develop appropriate business processes, and fierce advocates when the need to resolve matters before a tribunal is required. Our goal is to provide effective legal solutions that provide business value.
OUR EXPERIENCE IN THIS PRACTICE INCLUDES:
Procurement, Administration and Compliance
We advise clients regarding the procurement process and regulations in seeking to obtain business opportunities from federal, state, and local governments. Our attorneys understand both the opportunities and risks associated with obtaining and administering business opportunities through governmental entities. We assist clients in responding to particular governmental inquiries, such as DCAA audits, and work with clients to ensure that their internal business processes are in compliance and aligned with regulatory and certification requirements. During contract performance, our Government Contracts attorneys help prepare and negotiate contract-related agreements with the government including confidentiality agreements, non-disclosure agreements, and teaming agreements. In addition, we help clients negotiate claims for changes in scope of work and other changed conditions. If necessary, we prepare certified claims, requests for equitable adjustment, termination for convenience claims, and other matters within the purview of the Contract Disputes Act. Our Government Contracts attorneys have the experience to pursue any claims denied by contracting officer final decisions in the appropriate Board of Contract Appeals, the United States Court of Federal Claims, or the United States Court of Appeals for the Federal Circuit.
Bid Protests
We also counsel clients with respect to bid protests. We understand the frustration experienced when the playing field is not level, and seek to appropriately correct these situations with speed and determination. While we often seek to resolve such matters without resorting to litigation, we stand ready to vigorously defend our clients’ rights, and to pursue action in the appropriate forum, whether with the agencies, or before the Government Accountability Office or in court.
Program Modification and Termination
We counsel clients with respect to the changing expectations and goals of contract programs. Particularly in areas such as construction and technology procurement where assumptions and assessments can change quickly, and businesses providing services, pursuant to government contracts, must make appropriate changes and conform to contract change requirements in order to ensure that they receive payment in full for their services. We assist clients in making sure that as circumstances change clients are in the best position to remain in compliance with existing contract provisions, or seek appropriate modifications to their contracts. We also work with clients when the contracting relationship should be terminated, or is alleged to be in default. We negotiate on behalf of clients to obtain payment for services rendered and costs expended. We prepare and litigate claims when negotiations fail to reach a mutually agreeable result. Our attorneys are particularly experienced in representing litigants before the Civilian and Armed Services Boards of Contract Appeals, the United States Court of Federal Claims, and the United States Court of Appeals for the Federal Circuit.
Litigation
In addition to our experience before the Boards of Contract Appeals and the United States Court of Federal Claims, our attorneys have significant experience in litigating and taking to trial the full array of government contract matters, including bid protests, contract claim disputes, and termination for convenience/termination for default claims. We are also proficient in Miller Act and Little Miller Act claims. Despite our trial experience, the Government Contracts team strives to resolve disputes with the government through negotiation or the formal mediation process.
Governmental Inquiries and Investigations
Our attorneys are experienced in advising clients in assessing how best to respond to governmental inquiries and investigations. Many of our attorneys have had government experience, and are versed in the appropriate techniques for resolving governmental concerns while maintaining business opportunities. We counsel clients with respect to good business practices, as well as responding to issues such as compliance with ethics, including the Contractor Code of Ethics, and procurement regulations. We provide representation to clients that are being informally pursued or formally charged with civil or criminal breaches of procurement-related laws by Federal and state prosecutors, as well as departmental or agency inspector generals.
Business Formation and Transactions
LeClairRyan assists clients in the formation of new business entities that will allow them to compete for government contracts and advises those clients on issues ranging from the requirements for establishing a small business, a Section 8(A) contracting business, or one of the many other entities that qualify for certain advantages in the bidding process, including veteran-owned small business, service-disabled veteran owned small business, small disadvantaged business, or women-owned small business entities. We also advise clients regarding “small business” size determinations. In addition, we assist clients in the purchase or sale of government contracting entities, which typically involve specific government requirements, including the preparation and negotiation of novation agreements to effect such business transactions. Finally, our Government Contracts attorneys have the experience and knowledge to advise clients regarding compliance with the Buy American Act or the Trade Agreement Act regulations, as well as customs regulations, U.S. Export Regulations, including the Export Administration Regulations, and the International Traffic in Arms Regulations, which often impact both the purchase and subsequent operation of many business entities.
Intellectual Property
We realize that in today’s global business environment, intellectual property can be among the most critical assets of a successful business. We also realize the importance of maximizing the value of those assets and protecting them from misuse, misappropriation and infringement, particularly in the government contracting arena. We learn our clients’ businesses and work to maximize the contribution of intellectual property to those businesses and our clients’ growth.
In conjunction with our IP attorneys, the team has experience in providing intellectual property counseling and advice to many different kinds of clients, including: pharmaceutical and biotechnology companies, medical device manufacturers, financial institutions and investors, telecommunications firms, consumer and professional products companies of many types, retail and other service providers, national and international franchisors, distributors, trade associations, educational entities, software and hardware vendors, database service providers, internet service and content providers, e-commerce companies, developers and systems integrators, and other technology service organizations. Our Government Contracts attorneys have assisted clients with the protection of data rights in federal contracts, and have advised clients with regard to software licensing agreements to ensure that they protect all intellectual property rights in their dealings with the federal government, as well as state and local governments.
Local & State Government Contract Matters
The Government Contracts team will often work with attorneys from the Firm’s administrative and regulatory practices. Our experience in regulatory matters enables us to provide excellent legal services to our clients. As a result, we routinely advise clients in a number of local and state procurement-related issues. In conjunction with our Administrative Law and Government Relations team, we are able to devise and advocate practical solutions for complex legal issues before regulatory and administrative agencies of state government as well as in the highly charged political environment of elected state and local governments. While we strive to avoid the courtroom if possible, when required we have successfully litigated cases in the trial and appellate courts, as well as before any number of state and local boards.
Employment, Labor and Immigration
Our attorneys are experienced in counseling our clients with respect to compliance with the myriad of laws and regulations governing employees and employment relationships, including the Department of Labor’s equal opportunity and affirmative action requirements, as enforced by the Office of Federal Contract Compliance Programs. In addition, LeClairRyan attorneys advise clients regarding the many employment laws that typically arise in the government contract context, including the Service Contract Act, the Davis Bacon Act, and the Walsh Healey Act. LeClairRyan is able to assist clients in establishing appropriate employment policies and practices to satisfy all federal employment requirements. We vigorously defend clients that may be the object of suits for alleged violations of labor and employment laws and regulations. We also work with clients to ensure that they have available appropriate personnel resources, including personnel that may have particular immigration requirements.