Each year, the Federal, state and local governments collectively spend in excess of one trillion dollars in procuring goods and services. Not surprisingly, such large scale procurement of goods and services is controlled by a plethora of statutes, codes, rules, regulations and decisional law from various forums. In today´s competitive business market, understanding these statutes, codes, rules and regulations and acting quickly to protect your interests can mean the difference between success and failure for your business. The Wright, Constable & Skeen Government Contracts team understands your concerns and works within the government contracting industry on a local, state and federal level with sensitivity to the business impact of governmental decisions.
Wright, Constable & Skeen has extensive experience navigating the procedural labyrinth and guiding our clients to the desired results. Our team of attorneys have been involved in virtually all aspects of procurements in federal, state and local agencies and our attorneys have appeared before the General Accounting Office, Military and non-military Boards of Contract Appeals, United States Court of Federal Claims, United States District Courts and the various State Boards of Contract Appeals on behalf of clients relating to government procurement matters. Our experience enables us to effectively counsel our clients and develop unique strategies for safeguarding their business interests.
Moreover, the Wright, Constable & Skeen Government Contracts team is strategically positioned to represent our government contract clients. With offices near Washington, D.C. and Virginia, our attorneys live and work in one of the most significant government contract regions in the country. Not only are the governmental decision makers located in this region, a substantial portion of the federal government contracts industry is based in, operates in or has offices in the Washington D.C. Metropolitan area. According to recent data from the Federal Procurement Data System, almost 20 percent of the annual federal procurement dollars were spent in Virginia, Maryland and Washington D.C. On an annual basis, Maryland, Virginia and Washington, D.C. have each ranked in the top six states for federal procurement spending every year for the past decade. We are in a strategic position to effectively and efficiently respond to the needs of our clients throughout the Mid-Atlantic region on all federal, state and local government matters.
Our government contracting clients have a variety of specialized legal needs often depending on the size, experience, product line and sophistication of the client. Such legal needs generally relate to disputes with the government, such as bid protests or claims relating to contract performance, as well as compliance with government procurement laws and regulations. Other legal needs include assistance with socio-economic certification, teaming and joint-ventures, cooperative agreements, suspensions/debarment, audits and qui tam actions. From start-ups and incubator graduates to established national corporations, our government contracts team can assist your needs.
The services our team provides reflect a comprehensive range of specific knowledge and experience related to government contracts, including the following:
- Solicitation and RFP advice and counseling
- Teaming, strategic alliances, partnership and joint ventures, prime and subcontract arrangements
- Alternative contractual arrangements, grants, DHS "other transactions" and cooperative agreements under the Federal Grant and Cooperative Agreement Act, Stevenson-Wydler Technology Improvement Act and Federal Technology Transfer Act
- Procurement of commercial goods and services under the GSA Multiple Award Schedules (MAS), Simplified Acquisition Procedures (SAP), Blanket Purchase Agreements (BPA), multi award IDIQ contracts, Government-wide Acquisition Contracts (GWAC), OMB Circular A-76, 2003 Services Acquisition Reform Act (SARA), Federal Acquisition Streamlining Act 1994 (FASA), Clinger-Cohen Act 1996 and the FAIR Act 1998
- Compliance, certifications and reporting for various socio-economic programs, such as MBE, WBE, SBA 8(a) program, Small Business set asides and HUBZone
- Disclosure requirements
- Representations and certifications
- International sales and controls issues
- Domestic preference requirements under the Buy America Act and Trade Agreements Act
- Environmental regulations, disputes and compliance issues
CONTRACT PERFORMANCE AND ADMINISTRATION
- Contract compliance reviews and training
- Labor and employment compliance with federal employment laws, such as Equal Opportunity, Affirmative Action, Executive Order 11246, Walsh Healy, Davis Bacon, Service Contract Act, Contract Work Hours and Safety Act
- Cost recovery accounting and allowability matters under Truth in Negotiations Act (TINA), Cost Accounting Standards (CAS), Defense Contract Auditing Agency (DCAA)
- Audit issues and preparation of responses to investigative subpoenas from agency inspector generals and OJ
- Claims for recovery of increased costs, requests for equitable adjustment, defense against government claims
- Advice with respect to protection of proprietary interests and intellectual property rights under joint venture agreements
- Procurement Ethics issues, such as procurement integrity, organizational conflicts of interest, personal conflicts of interest, bribery and Sarbanes-Oxley
- Bid Protest litigation before the GAO, courts, and agencies and Boards of Contract Appeals.
- Contractor claims and defense of Government claims before the courts, boards, and alternative dispute resolution bodies
- Commercial litigation between private parties in federal and state courts
- Defense of misconduct investigations and False Claims Act litigation, Qui Tam actions
- Suspension and debarment proceedings
- Management of GAO; Inspector General; DOJ investigations
- FOIA requests/responses
Occasionally, disputes will arise between the government and the awardee of a contract regarding such issues as contract performance, delays, liquidated damages, wrongful terminations and a host of other matters. Taking on the government can be a daunting task, and the path is full of potential pitfalls. However, with the right legal team on your side, you can protect your business from governmental overreaching and/or obtain proper compensation for your services. Wright, Constable & Skeen has extensive experience in protecting our clients´ interests in litigation with the government. From construction contract claims to WBE/MBE certification our attorneys have appeared before the Federal and State judicial and administrative tribunals on behalf of our clients. We have negotiated multi-million dollar contract modifications and converted terminations for default into terminations for convenience. In litigation with the government, there is no substitute for experience, and Wright, Constable & Skeen has the experience our clients need.
GOVERNMENT CONTRACT CONSULTING
The old adage "an ounce of prevention is worth more than a pound of cure" is never more true than when dealing with governmental contract issues such as contract formation, significance of terms and conditions, cost structures, procedures, Federal Acquisition Regulations and Small Business Administration regulations. With proper consulting and advice going into a contract, a bidder can avoid common mistakes and pitfalls that could eventually lead to contract disputes and litigation and properly assess and price risks. Wright, Constable & Skeen regularly counsels its clients regarding such matters and assists them in avoiding future problems. Working together with a knowledgeable legal team can enhance your bottom line profitability on a project and prepare the way for a smooth contract performance.
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