Government Contracts
Given that the Federal Government is the largest consumer of goods and services in the world, that the demands of State and Local governments for goods and services have grown rapidly in recent years, and that an increasing number of the Firm's clients either have, or are seeking, public contracts, Shulman Rogers has committed to dedicating more resources to its Government Contracts practice group. Specifically, the Firm has recently added attorneys whose experience includes representing at various times defense contractors (ranging from large contractors, e.g., General Dynamics' Electric Boat and Raytheon's E-Systems to small ones such as B3H and Marketing & Management, Inc.), civilian contractors (ranging from e.g., PeopleSoft and Hexagon Metrology to Camber Corp. and Computer Products, Inc.), and foreign contractors (e.g., CAE, MacGregor (FIN) Oy, Israel Aerospace Industries, Israel Military Industries, El-Op, Elbit, Rafael). Moreover, Shulman Rogers attorneys are experienced litigators who have appeared in every legal forum that resolves federal government contracts issues, including the U.S. Court of Federal Claims ("CoFC"), the U.S. Court of Appeals for the Federal Circuit, Boards of Contract Appeals, the Government Accountability Office ("GAO"), and various State and Federal courts.
Indeed, the Firm is now able to offer the full range of legal services to its government contracts clients, including:
• Bid protests: The Firm, whose attorneys recently won three bid protests, prosecutes protests against flawed solicitations and improper contract awards, and intervenes to defend its clients' contract awards at the GAO, CoFC, and the FAA's Office of Dispute Resolution for Acquisition.
• Claims: We prepare requests for equitable adjustment ("REAs") and seek to resolve denials of REAs and other claims at the Contracting Officer level first. If that fails, we then prepare and litigate claims at the CoFC and Boards of Contract Appeals. We also defend contractors against government claims, and advise them in the event of terminations for convenience or default.
• Compliance: The Firm advises clients on compliance with the multitude of government contracts regulations. Among the strategies we employ to help our clients avoid suspension and debarment or white-collar criminal charges are establishing and monitoring compliance programs for cost allowability, procurement integrity, socioeconomic/reporting requirements, and facility and personnel security clearances. We also plan and implement ethics programs and internal investigations, and conduct white-collar criminal defense.
• Government Contracts Counseling: We advise companies on how to do conduct business with governments at all levels -- Federal, State and Local. We counsel clients on how to safely navigate the shoals of procurement regulations, including the Federal Acquisition Regulation ("FAR"), agency FAR supplements, State and Local rules and regulations, and OMB Circulars, such as A-76. We also assist clients seeking to obtain, or performing, government-unique contract vehicles, such as Federal Supply Schedules ("FSS"), Multiple Award Schedule ("MAS") and Indefinite-Delivery/Indefinite Quantity ("IDIQ") contracts, Government-Wide Acquisition Contracts ("GWAC"), sealed bids, "best value" negotiated procurements, and cost-reimbursement contracts.
• Intellectual Property: Together with the Firm's Intellectual Property ("IP") practice group, we advise clients on the FAR and Defense FAR Supplement ("DFARS"), data rights and computer software clauses, and help them protect their IP assets, whether in the form of trade secrets, copyrighted materials, trade or service marks or patents through negotiation and licensing agreements.
• International Issues: In conjunction with the Firm's International Practice Group, we regularly advise clients on export control issues, compliance with the Buy American Act, Trade Agreements Act, Foreign Ownership, Control and Influence ("FOCI") and Exon-Florio/CFIUS issues. We also provide advice on Foreign Military Sales and Foreign Military Financing.
• Mergers and Acquisitions/Teaming Agreements and Joint Ventures: The Firm's Corporate Department routinely advises large and small clients on mergers and acquisitions, teaming agreements and joint ventures. When one of the parties, the team or JV is a government contractor, we assist the Corporate Department to provide advice on government contracts-unique rules, such as novations and assignment of claims, to provide the full range of services for the client.
• Service Contract Act: The Service Contract Act imposes intricate wage-and-benefits requirements on service providers, and imposes severe penalties on non-complying contractors. We assist our clients in complying with the Act.
• Small Business Programs: We advise small businesses on a wide range of special government small business programs, such as set-asides for small businesses and Section 8(a) firms, size standards, price evaluation preferences for small disadvantaged businesses, Certificates of Competency and Determinations of Responsibility, HUB Zones, and Service-Disabled Veteran-Owned Small Businesses.
• Subcontracting: Depending on the solicitation or contract, we typically advise prime contractors and subcontractors on flow down clauses and small business subcontracting plans, and represent prime contractors in disputes with their subcontractors, and subcontractors in disputes with their primes.
