Practice Areas & Industries: Greenberg Traurig, LLP

 




Government Contracts & Projects Return to Practice Areas & Industries

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Practice/Industry Group Overview

The United States federal government is the largest purchaser of goods and services in the world, and many state and local governments have substantial budgets of their own for such acquisitions. Despite movement in the past decade toward commercial contract practices, these varying levels of government and the many agencies that carry out their acquisition processes and policies remain highly regulated. To complicate matters further, the government's special status as sovereign means that contract disputes with the government customer must follow a different procedural path than disputes arising under contracts between private parties. Such matters therefore often necessitate the advice and representation of experienced and knowledgeable legal professionals skilled in government contracts law.

Greenberg Traurig’s Government Contracts & Projects Practice helps companies navigate the highly regulated acquisition and compliance processes of federal, state and local governments and their agencies. Our attorneys and governmental affairs professionals assist both experienced contractors and newcomers with a broad array of issues arising from, for example, sales of commercial off-the-shelf and customized products, services and managed solutions to governments at the national and local levels. We place an emphasis on meeting both the transactional and U.S. regulatory needs of clients in the commercial, defense, aerospace, information technology and other high-tech sectors.

Anti-Boycott Regulations and Embargoes
 

  • Interpret anti-boycott regulations
  • Evaluate reportable issues
     
  • Prepare anti-boycott request reports
     
  • Counsel regarding the Office of Foreign Assets Control (OFAC) sanction policies and their application to transactions
     
  • Advise on the OFAC licensing process

Assignments and Novations

  • Review novation requests
  • Counsel regarding Anti-Assignment Act and Assignment of Claims Act prohibitions and exceptions
  • Assist in compliance with Federal Acquisition Regulation requirements and novation agreement procedures
  • Negotiate agreements between original contractors and successors in interest
  • Assist with the transition of contracts upon execution of novation agreements
  • Represent clients in the arbitration and litigation of novation-related circumstances

Bid Protest Litigation

  • Represent clients in assertinging bid protests to awarding agencies, the Government Accountability Office and federal (i.e., the Court of Federal Claims) or state courts
  • Represent clients in the defense of contract awards to the clients

Buy American and Trade Agreements Act
 

  • Advise on exceptions to the Buy American Act (specific products and “designated countries”)
  • Counsel on mandatory certifications under the Buy American Act and the Trade Agreements Act
  • Advise clients on compliance and exception to Department of Defense specific laws and regulations including the “Berry Amendment” and related domestic preference programs

Compliance and Present Responsibility
 

  • Provide an assessment of vulnerability to minimize or eliminate trouble areas
  • Assist in compliance training and avoidance of conflicts of interest
  • Provide guidance on procurement integrity, “revolving-door” rules, quality assurance and product conformance
  • Assist clients with cost and pricing data submissions under the Truth in Negotiations Act and the Buy American Act
  • Counsel regarding foreign sales, U.S. export controls and the Foreign Corrupt Practices Act
  • Assist with ethics and compliance program development and training

Corporate Transactions Involving Government Contractors

  • Provide counsel regarding due diligence-related government and international contracting issues
  • Provide advice on the acquisition, merger with and/or spin-off of Government Contractors
  • Advise clients on Exon-Florio and Foreign Ownership Control and Influence applications in multinational transactions
  • Represent clients filing claims under Cost Accounting Standards (CAS)
  • Negotiate contracts with government clients, team members, prime contractors, subcontractors and vendors

Cost and Pricing

  • Counsel regarding specific acquisition regulations (e.g., allocation of costs, allowability of specific types of costs)
  • Assist clients in complying with contract proposal and change order pricing requirements under the Truth in Negotiations Act
  • Provide guidance on pricing disclosure requirements under the General Services Administration (GSA) Federal Supply Schedules program
  • Assist clients with CAS Disclosure Statements and compliant accounting systems
  • Counsel regarding progress payment or performance payment suspensions or reductions, setoffs and Anti-Deficiency Act issues
  • Respond to audit reports and recommendations of Defense Contract Audit Agency
  • Assist with accounting reviews for regulatory compliance
  • Provide training and remediation

Disputes, Claims and Litigation
 

  • Represent clients in government contract disputes, including contract disagreements, requirements, entitlement to payment, cost allowability and allocation, alleged cost mischarging, defective pricing, CAS noncompliance, threatened terminations for default and termination for convenience settlement claims
  • Represent clients submitting claims to recover funds owed under government contracts or subcontracts
  • Litigate before the Boards of Contract Appeals, the Court of Federal Claims, the Court of Appeals for the Federal Circuit and other federal or state courts
  • Represent clients in the filing and defense of bid protests

Export Controls

  • Counsel regarding the export control of commodities, technologies and services
  • Assist with drafting and implementation of compliance programs and training
  • Conduct export control due diligence in domestic and multinational transactions
  • Represent companies in administrative, civil and criminal enforcement actions

Facility Clearances
 

  • Advise on the necessity and processes of facility and personnel clearances for officers, directors and employees, as well as of interim clearances
  • Assist with security clearance reinstatement
  • Counsel on compliance with Foreign Ownership, Control or Influence (FOCI) regulations
  • Assist in preparing submissions and plans required by the Defense Security Service (DSS)

Foreign Corrupt Practices Act (FCPA)

  • Counsel on FCPA compliance in transactions with foreign governments and semi-privatized entities
  • Advise on FCPA interpretation and defend companies in civil and criminal investigations
  • Provide guidance on FCPA compliance programs and deal due diligence activities

Foreign Military Sales

  • Advise regarding the U.S. Foreign Military Sales (FMS), Direct Commercial Sales and Foreign Military Financing (FMF) Programs
  • Counsel on rules regarding sales representatives, contingent fee payments, U.S. content requirements and customer-requested “offsets” in FMS and FMF transactions
  • Assist with audits conducted under the FMS Program

Freedom of Information Act (FOIA)

  • Assist with FOIA requests
  • Provide counsel regarding protection against confidential information being released in a “reverse FOIA” situation
  • Advise on protection against disclosure of proprietary information and trade secrets

GSA Schedules

  • Assist with schedule proposals and contract negotiations
  • Assist with commercial pricing disclosures, completion of the Commercial Sales Practices Format and selection of the basis of award customer or category of customers
  • Provide counsel regarding Industrial Funding Fees, price adjustments and price reduction/most favored customer provisions
  • Assist with compliance program development
  • Negotiate blanket purchase agreements and teaming and other partnering arrangements under schedules
  • Represent clients in civil, criminal and administrative actions arising from schedule contracts

Homeland Security

  • Review and advise on proposals to sell products and services to the Department of Homeland Security and other defense-related agencies
  • Counsel regarding potential liability attached to homeland security product sales
  • Provide protection assessments

Intellectual Property and Data Rights

  • Negotiate research and development agreements with government agencies, prime contractors and subcontractors
  • Review and advise on regulations and contract provisions addressing rights claimed by the government when contractors deliver technical data or computer software
  • Negotiate contract terms to prevent the unanticipated, unacceptable or unnecessary release of clients’ IP rights
  • Advise on commercial rights in data and patentable inventions developed under government contracts, grants, “other transactions” or cooperative research and development agreements
  • Litigate patent infringement cases arising under Government contracts in the Court of Federal Claims

Privatization and A-76 (Competitive Sourcing Program)

  • Assist with competitive sourcing program matters
  • Advise in connection with inventories provided by government agencies to Congress under Federal Activities Inventory Reform Act

Procurement/Regulatory Criminal Defense

  • Represent clients in the defense of criminal, grand jury, civil enforcement, Civil False Claims Act (FCA) and Congressional investigations regarding export control and FCPA (Anti-bribery and Books and Records) violations, federal procurement fraud, corruption, antitrust, conflicts of interest, security clearances and defective products and testing
  • Assist with corporate internal investigations, related reporting and voluntary disclosures, and global settlements
  • Represent clients in the defense of criminal indictments and FCA suits, pre-trial motions and jury trials of criminal indictments and FCA suits
  • Counsel on compliance and ethics programs and other complex requirements under the U.S. Sentencing Guidelines and federal agency present responsibility regulations
  • Security Clearances
  • Advise on the necessity and processes of facility and personnel clearances for officers, directors and employees, as well as of interim clearances
  • Assist with security clearance reinstatement

State and Local Agreements With the Federal Government

  • Assist state and local-level governmental entities in preparing proposals and negotiating cost reimbursement and other types of contracts in compliance with Federal regulations and OMB Circulars
  • Counsel state and local governmental entities regarding allowable direct costs, allocation of indirect costs, and applicable credits in order to capture the full amounts due under contracts with the Federal Government
  • Conduct audits of state and local governmental entities regarding direct and indirect cost proposals pursuant to Federal regulations and OMB Circulars

Suspension and Debarment

  • Oppose Notices of Proposed Debarment and Suspension Notices
  • Negotiate administrative agreements (to retain eligibility for government contracts) and global settlements
  • Represent clients before federal agencies, including suspension and debarment officials, and in court

 

Services Available

 
Past Seminar Materials
  ACIC's 24th Annual General Counsel Seminar, July 23, 2013
 
 
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