Practice/Industry Group Overview
Companies vie aggressively for government contracts, and with good reason. These agreements typically represent a high-volume provision of goods and services that can enhance financial stability and build credibility in the marketplace. Yet it takes a keen strategy and well-executed process to win and hold onto these contracts. Missteps can mean significant lost investments, reversals of fortune and, in extreme cases, debarment from future contract opportunities.
Wilson Elser has a proven track record of representing New York state clients in local procurement matters, from crafting competitive bids, to preserving wins, to launching protests when deprived of a win, to negotiating the final contracts.
In support of clients in a range of industries, our lawyers provide comprehensive contract-related services that include:
- Guiding a client’s development of effective responses to government Requests for Proposals (RFPs), drawing on our insights to highlight the most compelling details and representations without inadvertently making overstatements that potentially might boomerang in later competitive phases when proposal language is intensely scrutinized.
- Forging teaming arrangements with other companies to strengthen a bid and to meet government standards for engaging traditionally underutilized minority and women-owned businesses.
- Defending a client’s award against competitors’ protests by ensuring that the government’s administrative review process is carefully followed and that key aspects of the client’s embattled bid are clearly and comprehensively supported.
- Initiating a protest for a client when a competitor wins a contract. This requires swift filing of a general protest in order to gain the right to review a wide range of documents that may potentially trigger a reversal of the government’s original decision and a major save for the client.
Clients appreciate not only our contracting skills but also our candor. We have enough experience in government contracting to understand that both the risks and the rewards can be elevated. Accordingly, we are steadfast in counseling our clients to fully disclose the strengths and, where appropriate, weaknesses of their companies when pursuing government business. Even a minor infraction from years before, if not disclosed on a government form, can thwart a potentially lucrative contract or, worse, trigger a prolonged debarment from future contract competitions.
In concert with our contracting services, clients also rely on our government relations support to help them demonstrate their experience in the months and years before a government RFP even materializes. When we connect our clients with government decision makers, they can provide information about emerging trends, best practices and recent innovations and solutions that underscore their capabilities and show their interest in fulfilling potential future needs.