Practice Areas & Industries: Pepper Hamilton LLP

Practice/Industry Group Overview

Pepper Hamilton LLP has broad experience in government contracts law. The experience of our government contracts lawyers includes audits, bid analysis and preparation, compliance counseling, bid protests, litigation and alternative dispute resolution, technical data issues and homeland security issues. As needed, the government contracts group partners with colleagues in related practice areas such as corporate, bankruptcy, environmental regulation, labor and employment, intellectual property, white collar criminal defense and tax. Our goal is to provide each client with top-quality, efficient and practical legal advice to help ensure that all elements of the client's business comply with government regulations.

Our attorneys have experience in all aspects of civil and criminal disputes concerning government contracts, including those that require Top Secret/Sensitive Compartmentalized Information (TSSCI) access. We work with clients to identify issues early, dealing with potentially sensitive concerns on legal and business levels. We assist clients in designing, implementing, reviewing and improving compliance procedures to minimize the possibility of problems in the future. We also help clients with proposal preparation efforts, and in drafting solutions and conducting procurements or procurement functions as necessary when dealing with the federal government.

Services Available

Audits
We advise and assist clients in responding to pre-award and post-award audits and investigations by the Defense Contract Audit Agency, agency Inspectors General, and other federal and state auditing agencies. We participate in audits as an integral part of the contractor's team to improve the efficiency and quality of client audit responses and to minimize expense and disruption.

Bid Protests
We represent many clients who protest solicitation and award improprieties. We also assist clients in defending contract awards against protests. We represent clients concerning protests in all forums, including the U.S. Government Accountability Office (formerly the General Accounting Office) and the United States Court of Federal Claims.

Business Counseling
Government contractors are subject to numerous laws, regulations and executive orders about employment practices, such as equal opportunity, affirmative action and drug-free workplace laws. In addition, especially for small businesses participating in federal programs, federal law and regulations may affect corporate issues. Our attorneys work with government contractors to ensure that all aspects of the client's business, including but not limited to corporate and employment issues, comply with the laws applicable to government contractors.

Contract Claims
Our attorneys are experienced in the presentation of government contract claims, including acceleration, breach-of-contract, changes, delays and related costs, pricing and scheduling issues. Our goal is to obtain an early resolution for our clients. In an effort to achieve a favorable outcome for our clients, we formulate effective discovery and trial preparation plans so that disputed facts and issues are clarified and continuously assessed as the case moves toward settlement or trial. As part of our claims practice, we frequently appear before the various Boards of Contract Appeals and the U.S. Court of Federal Claims.

Commercial Products and Services
Pepper represents many suppliers of commercial products and services who sell directly to federal, state and local governments, or through single-award, multiple-award and federal supply schedule (FSS) contract programs.

Construction
Pepper has a number of lawyers who practice almost exclusively in the interrelated areas of construction, surety and government contracts law. The experience of the Construction Group spans the full range of legal tasks that arise in these areas, including:

• drafting and negotiating construction management, construction services and design contracts
• advising clients during projects on avoiding claims or mitigating them
• arbitrating, mediating or litigating the complex, multiparty disputes that arise after contract execution, or resolving them through mini-trials or other alternative dispute resolution procedures (e.g., due to unforeseen conditions, delays and disruptions, extra work, alleged defects or failures to conform to specifications, warranty issues, terminations for convenience or breach, assessments of liquidated damages, and disputes involving multiple prime contractors and sureties of co-primes)
• bid dispute issues.

Data Rights
Many government contractors require advice in the critical area of rights in inventions, proprietary drawings, data and computer software that are used, created and/or modified by the client during its performance under a government contract or grant. We are experienced in providing guidance in this area, including recommending measures to protect pre-existing technology developed at private expense, and appropriate non-disclosure agreements and reservations of rights.

Drafting Winning Proposals, Counseling and Other Business Issues
We assist clients in evaluating and responding to solicitations to maximize the likelihood of success, and review clients' proposals, bids or quotations to ensure responsiveness. In addition, we assist clients in drafting and implementing compliance programs and developing company-wide procurement policies and procedures. We believe that we best serve our clients by addressing procurement, contract, subcontracting and other issues before they arise. Before the submission of a proposal, bid or quotation, our attorneys can review solicitations and related documents for unusual contract risks, ambiguities, rights in technical data and computer software issues, and compliance problems.

False Claims Act - Civil and Criminal
Our attorneys are experienced in civil and criminal litigation under the False Claims Act, including the whistleblower protection provisions. We conduct internal investigations, handle voluntary disclosures, and represent companies and witnesses in administrative, civil and grand jury investigations. The practice also involves the litigation of these matters during civil and criminal jury and non-jury trials.

Federal Grants
We represent public grantees and contractors working under programs funded by the Department of Transportation (DOT), the National Institutes of Health (NIH), the Department of Justice (DOJ), the Department of Housing and Urban Development (HUD) and other federal agencies. Our attorneys are well versed in the Office of Management and Budget (OMB) circulars governing the administration of such grants.

Homeland Security
The federal government has increased purchases of goods and services in light of the enhanced Homeland Security efforts to strengthen the law enforcement and intelligence agencies and the war against terrorism. Pepper helps clients ensure compliance with the new statutes and understand the impact of new legislation on their businesses as they seek to assist federal, state and local governments. Our attorneys work with numerous contractors that provide products and services to all levels of government. We provide legal and business counseling to assist in the exploration of new markets and in development of proposals to address the federal, state and local needs in this area.

Legislative Assistance
Our attorneys help clients formulate plans and strategies affecting the legislative process, authorization and appropriations. We have been successful in assisting clients with legislative efforts that have resulted in significant, long-term benefits to their industry in general or their business in particular.

Privatization
Pepper attorneys have been tracking the Office of Management and Budget's revisions to Circular No. A-76 to better inform our clients concerning public-private competition. Our counseling covers what the federal agencies will be able to do, and their responsibilities under the revised circular and additional Federal Acquisition Regulation (FAR) requirements, including the ability to conduct an expanded best value cost-technical tradeoff source selection process.

Small Businesses
We advise small, minority-owned and women-owned businesses about the programs offered by the U.S. Small Business Administration (SBA), including the Small Business Innovative Research Program (SBIR) and the Historically Underutilized Business Zone (HUBZone) program. We assist our clients in strategically identifying, applying for and using these program benefits and other preferences for small businesses, and assist large-business clients in formulating small business subcontracting plans.

Statutory and Regulatory Guidance
We help clients interpret and respond to statutory and regulatory requirements. To successfully meet our clients' legal obligations and the government's needs, we maintain communications with key personnel in the government agencies, recommend new regulatory interpretations, and propose changes to existing statutes, regulations or directives to better serve client interests.

Suspension and Debarment
Our attorneys have successfully assisted clients in preventing a suspension or debarment, working with the agency and client to remedy the specific problem and implementing safeguards to ensure clients remain presently responsible. In addition, we conduct interviews, joint investigations and compliance reviews relating to controversies that could result in the suspension and debarment of federal contractors.