Government Contracts

McMahon Welch and Learned header Government Contracts

The world of government contracting is vastly different than the commercial marketplace.  Government contracts are governed by a web of special laws, rules and regulations, interpreted through a completely separate body of law, and claims and disputes are adjudicated by special courts and boards.  If your company does business with the federal government, or with state and local you need experienced government contracting attorneys that can provide you with appropriate cost-effective guidance and counsel to assist you navigate this highly specialized regulatory maze.

Reston Law Group government contracts attorneys have decades of experience representing government contractors of various sizes.  We understand how to protect your company’s rights and ensure you fulfill your contractual obligations from the time of award through contract performance.  We have special expertise in handling government contract disputes whether the issue is with the federal government directly or involves a dispute between a prime contractor and a subcontractor. Our government contracts attorneys have participated in hundreds of successful bid protests at the General Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC).  We also handle size and status protests before the U.S. Small Business Administration (SBA) and federal contract disputes and claims before the Boards of Contract Appeals and the COFC.

Reston Law Group government contract attorneys know how to spot the most important issues in proposed teaming agreements and subcontract agreements and will assist in negotiations of these agreements so that the provisions are appropriately phrased to protect your interests.  We are experts in the Federal Acquisition Regulations (FAR) and associated agency supplements.  We counsel and guide clients on the issues affecting small business government contractors, including special incentive programs such as set aside contracts, the SBA’s 8(a) Business Development program, the Service Disabled Veteran Owned Small Business program (SDVOSB), the Historically Underutilized Business Zone (HUBZone) program, as well as the programs for Woman Owned and Economically Disadvantaged Woman Owned Small Businesses (WOSB/EDWOSB).  We can assist and advise you on Mentor Protégé arrangements and the formation and necessary documentation for Mentor Protégé Joint Ventures permitted under SBA regulations.

Given our depth of experience in government contracting, we also advise clients on specialized issues such as personnel and facility security clearances, data rights and other special intellectual property issues, commercial item contracting (FAR Part 12), Cooperative Agreements, Grants, Cooperative Research and Development Agreements (CRADAs), agreements issued under Other Transaction Authority (OTAs), the Cost Accounting Standards (CAS), responding to evaluations in the Contractor Performance Assessment Report System (CPARS), and Organizational Conflicts of Interest (OCI), just to highlight a few.

Finally, Reston Law Group attorneys are experts in the special issues that arise for government contractors in the context of mergers and acquisitions.  We have the knowledge and experience to guide and assist you with the specialized due diligence needed for a M&A transaction in the Gov Con space and to address the myriad of possible issues that can arise, from small business set-aside contracts, Foreign Ownership, Control or Influence (FOCI), Facility Security Clearances to novations and change of name requests.

Respected Government Contracting Lawyers

Doing business with a government agency can be a very complex and confusing for a business owner. There are specific processes that must be followed and many requirements that often need to be met. Having an attorney with experience in this area can help ensure that the entire process goes smoothly and that your interests are protected at all times.

At the Northern Virginia law firm of Reston Law Group, LLP (a merger of David, Brody & Dondershine, LLP and McMahon, Welch, & Learned, PLLC), we have a complete understanding of government procurement and purchasing processes. We have represented clients throughout the Washington, D.C., metropolitan area as well as national and international clients in every aspect of government contract matters from contract negotiation to litigation of contract claims and bid protests.

HELPING YOU THROUGH A COMPLEX PROCESS

We have worked with small to large businesses including disadvantaged, veteran owned and minority owned businesses as prime contractors and subcontractors. Whether your business is seeking a government contract or already has one, we are prepared to help you with any legal issues that may arise throughout the process.

Our government contracting services include, but are not limited to:

  • Contract drafting and negotiation, including the preparation and negotiating of subcontracts, teaming agreements and JV agreements
  • Counseling clients on corporate compliance issues and avoiding improper business practices such as conflicts of interests and procurement integrity violations
  • Providing ethics training for contractors
  • Analyzing potential bid protest issues and making recommendations concerning the pursuit of bid protests
  • Filing and litigating bid protests before GAO, Court of Federal Claims and government agencies
  • Preparation of contract claims and conducting negotiations with government officials
  • Litigating prime contract disputes against government agencies in federal court and before various Board of Contract Appeals.
  • Litigating Size and Eligibility Protests before SBA
  • Addressing intellectual property ownership issues under contracts, including negotiating software licenses under government contracts
  • Representation of government contractors before various state, federal and administrative agencies
  • Litigating disputes between prime contractors and subcontractors before Federal and State courts and arbitration panels on all aspects of subcontracting such as payment disputes and application of restrictive covenants
  • Representing clients involved in suspension and debarment proceedings
  • Counseling clients involved in government investigations and related white collar crime proceedings
  • Counseling clients on security clearance issues

CONTACT US

Contact our office in Reston, Virginia to learn about our services and how we can help you. You can reach us by phone at 703-483-2810 or via e-mail.

Government Contracting Expertise

  • Solicitations
  • Teaming Agreements
  • Proposals
  • Prime Contracts
  • Subcontracts
  • Contractor Performance Assessment Reporting System (CPARS)
  • Bid Protests
  • Size Protests and Appeals
  • Prime / Sub Disputes
  • Contract Claims and Disputes
  • Requests for Equitable Adjustment
  • Responding to Government Show Cause / Cure Notices
  • Terminations for Default
  • Terminations for Convenience / Termination for Convenience Claims
  • 8(a) Business Development Program
  • Service Disabled Veteran Owned Small Business (SDVOSB) / Veteran Owned Small Business (VOSB)
  • Historically Underutilized Urban Business Zones (HUBZone) Program
  • Woman Owned Small Business (WOSB) / Economically Disadvantaged Woman Owned Small Business (EDWOSB)
  • State Small and Disadvantaged Business Certifications and Status Programs
  • Mentor Protégé Programs
    • MP Joint Ventures
  • Federal Acquisition Regulations (FAR) /Defense Federal Acquisition Regulation Supplement (DFARS) and other agency specific regulatory requirements
  • Cost Accounting Standards (CAS) / Allowability and Allocation of Costs
  • Ethics/Compliance Programs / Compliance Training
  • Export Controls (EAR & ITAR)
  • Organization Conflicts of Interest (OCI) Mitigation
  • Internal Investigations
  • Mandatory Disclosures
  • Freedom of Information Act (FOIA)
  • Cybersecurity requirements
  • Cloud Computing
  • Buy American Act & Other Domestic Preferences
  • GSA Schedule Contract issues
    • Trade Agreements Act
  • Assisting with Defense Security Service (DSS) and other Cognizant Security Offices
  • SF-86 Reviews / Statement of Answers to Statements of Reasons
  • Hiring of Former Government Employees and Post-Employment Restrictions
  • Service Contract Act
  • Davis Bacon Act
  • Specialized Due Diligence Reviews
  • U.S. Small Business Administration (SBA) Change of Ownership Waiver Requests
  • Foreign Ownership Control or Influence (FOCI) Mitigation / Committee on Foreign Investment in the United States (CFIUS) Reviews
  • Facility Clearance Issues
  • Novation / Change of Name Requests
  • Commercial Item Contracting (FAR Part 12)
  • Grants
  • Cooperative Agreements
  • Cooperative Research and Development Agreements (CRADAs)
  • Other Transaction Authority (OTAs)
  • Suspension and Debarments
  • Agency Office of Inspector General (OIG) Investigations
  • Defense Contract Audit Agency (DCAA) /Defense Contract Management Agency (DCMA) Audits
  • Non-Disclosure Agreements
  • Data Rights
  • Intellectual Property (IP) Ownership / Exclusive rights
  • Technology Transfers
  • Foreign Military Sales (FMS)
  • Foreign Military Financing (FMF)

Government Contracts

Is the M&A freeze over?

Great article here from my friend Mitch Martin at The McLean Group regarding the thawing of the GovCon M&A

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