Practice/Industry Group Overview
For nearly half a century, Smith Currie's government contracts practice has provided representation to construction companies, suppliers, service contractors, and sureties in disputes arising out of contracts with local, state, or federal government agencies. These matters require knowledge of the special procedures and legal principles specifically applicable to government contracts, which combine elements of administrative law procedure, appropriations, and fiscal law with contract law.
Our attorneys have a long history of providing counsel and assistance to numerous other industries that enter into more non-traditional contracts with various government agencies. Examples include natural resource contracts such as timber sales and forest stewardship contracts, Superfund projects, projects for the Departments of Defense, special use permits, state and local environmental projects and clean-ups, hurricane and disaster relief, federal service and other supply contracts, concession contracts, and others.
Smith Currie provides legal representation at all stages of the contracting process. This includes strategic advice and counseling before issuance of a request for proposals (RFP), invitation for bids (IFB), or a prospectus. Proper advice and planning at this stage can be critical for obtaining award of a contract. We also regularly represent clients in bid protests involving federal contracts, state and local contracts, and contracts involving construction and the provision of services at airports. We provide advice and representation regarding mistakes in bid and during the administration of the contract to ensure full compliance with all contract obligations and federal regulations and to ensure that clients preserve any future claims and related options. In the event of disputes regarding contract compliance, we defend clients against government claims and prosecute client claims for equitable adjustments or breach of contract before the military and civilian agency boards of contract appeals and the Court of Federal Claims.
Finally, we assist clients at the conclusion of their government projects on matters such as unfavorable past performance evaluations, labor and prevailing wage compliance reviews, and related audits.
Our attorneys regularly appear before the Government Accountability Office (GAO), the Small Business Administration (SBA), and the Court of Federal Claims on behalf of clients seeking to challenge the award of a contract or defending challenges of an award to them. Our representation also includes issues related to suspension and debarment, charges by the government of false claims or other contract fraud, compliance with timber export and substitution restrictions, and many other areas of federal regulation affecting government contractors.
We have successfully represented clients in innumerable cases involving equitable adjustments, breach of contract claims, and claims for legal fees before the Court of Federal Claims and the agency boards of contract appeals. We provide government-contractor clients with advice regarding wage-hour and labor matters under federal laws such as the Davis-Bacon Act and the Service Contract Act. Combining our collective expertise gives the Firm's clients timely assistance with any government contract problem, whether it initially appears to be a "contract problem" or a "labor problem."
Smith Currie attorneys advise our clients on government contracting issues such as:
- Bid Protests & Mistakes (Federal, State and Local inclusive of Airport service, construction and concessions contracts, including matters related to Disadvantaged Business Enterprises (DBEs))
- Differing Site Conditions
- Small Business (and related issues)
- Performance & Payment Bonds
For nearly five decades, our contemporaries in the legal profession have acknowledged Smith Currie's extensive experience in this area of the law by electing several Smith Currie attorneys to offices in the Public Contract Law Section of the American Bar Association. In that period, three Smith Currie attorneys have been elected and served as Chair of that Section and others have served the Section in other capacities.