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
Articles Authored by Lawyers at this office:

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NYS Court Invalidates Executive Compensation “Soft Cap” Regulation
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On Nov. 13, 2015, the Albany County Supreme Court upheld New York Governor Cuomo’s Executive Order regarding executive compensation and administrative expenses of certain service providers (EO 38), as well as several aspects of the EO 38 regulations promulgated by the New York State...

Important New Rules Regarding New York City Lobbying Take Effect
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In 2013, six years after the last round of amendments to the New York City lobbying laws, the City enacted Local Law 129, resulting in some notable revisions to the Administrative Code’s regulation of lobbying. Among other things, the revised Administrative Code provisions broadened the...

NYS Government Ethics Agency Proposes to Restrict Campaign Fundraising
Mark F. Glaser,Joshua L. Oppenheimer, November 10, 2015
In late October 2015, the New York State Joint Commission on Public Ethics (JCOPE) released a draft Advisory Opinion that would overturn a nearly 20-year-old ethics opinion regarding political activities by public office holders and their employees. This proposal could have a significant impact on...

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New rules governing communications with certain Mexican government officials
Nicolas Borda,Hugo López Coll,Hector D. Sanchez Fernandez, September 08, 2015
This GT Alert provides information regarding the publication of the General Guidelines for government officials that participate in government contracts and issuance of licenses, permits, authorizations and concessions.

U.S. Treasury Releases More Workable Proposed Regulations on ‘Issue Price’ for Municipal Bonds
Linda L. D'Onofrio,Vanessa Albert Lowry, July 03, 2015
On June 24, 2015, the U.S. Department of the Treasury (Treasury) published in the Federal Register new proposed regulations (the New Proposed Regulations) under Section 148 of the Internal Revenue Code of 1986, as amended (the Code) amending the definition of “issue price” (issue price)...

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On May 26, 2015 the Dutch Senate passed a bill to amend the Dutch Data Protection Act (the Bill). The Bill introduces the duty to notify the Dutch Data Protection Authority (DPA) and affected individuals of data breaches. It will also significantly raise the fines faced by companies who fail to...

Nassau County Adopts New Lobbying Registration and Reporting Requirements
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Nassau County Executive Edward Mangano issued two Executive Orders on May 15, 2015, which, for the first time impose broad lobbying disclosure requirements on contractors and vendors, prospective contractors and vendors, and lobbyists. Greenberg Traurig has been informed by the Nassau County...

New York State Releases Final BitLicense Regulation
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New York Governor’s Budget Proposal Could Result in Major Expansion of State’s Lobbying Law
Mark F. Glaser,Joshua L. Oppenheimer, May 12, 2015
On Feb. 20, 2015, the Governor of New York State announced a series of ethics reforms as part of his budget proposal amendments. Most of the proposed statutory changes pertain to new disclosure obligations for public officials who maintain outside employment, and penalties for failure to comply....

Compliance with California’s Transparency in Supply Chains Act Now Under Review by the California Attorney General
David P. Callet,Anthony J. Cortez,Michelle L. Ducharme, April 22, 2015
In 2010, the California Legislature passed The California Transparency in Supply Chains Act of 2010 (the Act), which became effective Jan. 1, 2012. Under the Act, manufacturers and retailers of goods doing business in California with annual worldwide gross receipts over $100 million are obligated...

Expansion of New York State’s Lobbying Law Enacted
Mark F. Glaser,Joshua L. Oppenheimer, April 17, 2015
New York State’s 2015-2016 enacted budget includes a variety of changes to the State’s ethics laws, mainly pertaining to disclosure obligations for public officials who maintain outside employment and penalties for failing to comply, as well as pension forfeiture for officials convicted...

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On Feb. 1, 2015, the Dutch House of Representatives voted in favor of a legislative bill introducing a duty to report data leaks. The bill, titled Duty to Report Data Leaks and the Expansion of the Administrative Penalty Competence of Dutch Data Protection Authority (Dutch DPA), will amend the...

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Alais L. M. Griffin,Jordan D. Grotzinger,Adam Siegler, February 26, 2015
The FAA Modernization and Reform Act of 2012 addressed the integration of civil unmanned aircraft systems, also known as UAS or drones, into the national airspace system. The Act requires the Secretary of Transportation to develop, among other things, a comprehensive integration plan and rules...

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On Dec. 5, 2014, USCIS held a stakeholder conference call for individuals interested in the EB-5 Program. Approximately 50 stakeholders attended in person, while another approximately 500 stakeholders dialed in via telephone. The engagement was attended by León Rodríguez, director,...

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Patrick L. Anderson,Alan Slomowitz, February 16, 2015
Prior to adjournment, the 113th Congress passed the first changes to the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203, “Dodd-Frank”) since the landmark legislation was signed into law by President Obama on July 21, 2010. The changes partially repeal the...

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Kevin P. Ray, February 16, 2015
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U.S. Government to Expand Ukraine and Russia-Related Sanctions
Kara M. Bombach,Sandra K. Jorgensen,Julia Sorrentino, February 16, 2015
On Dec. 13, 2014, the U.S. Congress unanimously passed the Ukraine Freedom Support Act (UFSA) authorizing the president to expand sanctions against Russia and provide military aid to Ukraine. President Obama is expected to sign the legislation into law