Practice/Industry Group Overview
Nexsen Pruet offers a diverse and multi-disciplinary approach to helping clients navigate the complexities of federal, state and local government contract matters.
Our attorneys have broad, deep experience in every area and phase of the contracting- from bidding to contract termination and close-out- and can represent clients of any size in both simple and complex matters.
The result is a thorough understanding of the process at all levels that can help clients maximize opportunities, minimize risks and compete and win in the government contracting marketplace.
Areas of the firm's representation include:
- Bid Protests
- Claims and Requests for Equitable Adjustments
- IP, Technical and Software Data Rights
- Commercial items
- Teaming, joint ventures and subcontracting
- Small business matters
- GSA Schedule contracting
- Contractor Ethics, compliance, conflicts of interest and investigations
- Internal investigations
- Compliance Reviews
- Pre-Submittal Counseling
- Debarment/Suspension Litigation
- Source Selections
We complement these capabilities with an equally strong background in other areas whose resources are frequently utilized by the firm's government contracts clients. These include practice groups such as governmental relations, health care, intellectual property (tech law) and litigation.
Our attorneys regularly represent companies that challenge or defend procurement procedures or contract awards in bid protect actions before the chief procuring officer, procurement review panels or state and federal courts, including the General Accounting Office.
We have handled protests of all sizes and complexity involving procurements by wide range of government entities, including major systems procurements valued in excess of $60 million. At the same time, we understand the cost of litigation and, when appropriate, consider alternative dispute resolution and other litigation alternatives.
We assist clients with the preparation and, when necessary, litigation of complex claims. Our experience in this area covers a wide variety of industries.
Government audits and investigations can be an expensive cost of contracting with the government. Our attorneys have experience assisting clients in a broad scope of industries with the audit procedures.
We conduct comprehensive compliance reviews for our clients doing business with the government. We then report those facts and advise our clients of their options.
We help clients understand and prepare for procurement issues before they arise. Our counseling can begin by helping clients determine whether or not a particular contract is a good fit for their company, and we also gather pre-RFP intelligence and help our clients draft and deliver their responses. Having our attorneys involved on the front end of the procurement process helps our clients avoid known pitfalls and further insures that all of the necessary requisite steps are covered in responding to the RFP.
Under South Carolina's Consolidated Procurement Code, a vendor must find, analyze and protest any anti-competitive feature in a proposal within 15 days of the proposal being posted. Important rights can be lost if the vendor waits until after the intent to award. In large contracts, we aid our clients in analyzing the solicitation for possible protest issues, evaluating the possible protest, and, if it makes business sense, litigating the protest of the solicitation itself.
We help clients be mindful of issues that may give rise to non-responsibility. We also are able to handle maters where a company has already been deemed non-responsive and debarred or suspended.
Industries We Serve
- Construction - We serve clients in a variety of areas, including engineering, architecture, commercial construction, hospital, highway and industrial industries
- Computers/Information Technology - Our experience covers hardware, software, custom applications development, and other issues for a wide variety of government uses
- Drudging - We have experience serving clients in the Eastern United States
- Government - We assist government agencies with contract negotiations, contract administration, contract cost accounting, contract price and cost analysis
- Health Care - Our attorneys have substantial experience with Medicaid reimbursement contracts, pharmaceutical companies, long-term care (nursing home and assisted living)
- Insurance - Among our insurance industry clients are those handling student health plans
- Service-Related Industries - Our clients in this broad area include those involved in the food service industry, professional services, technical assistance
- Telecommunications/Electric Suppliers - We have represented equipment manufacturers, service providers, and electric supplier seeking government contracts