At a Glance
Our track record includes many of the most complex matters in government contracting.
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Matters Litigated
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Largest Bid Protest
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False Claims Cases
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Claims and Audits
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Investigations
Practice Areas
Our comprehensive government contracting practice specializes in competitive opportunities, thorny investigations, and high-stakes disputes.
Anti-Corruption & White Collar Crime
At a Glance
- Our team includes former DOJ Trial Attorneys (Civil/Fraud, Criminal/Public Integrity, Civil/Civil Rights, Chief of the Criminal Division of the USAO for the Southern District of Texas), the former Chief of the Enforcement Division of FERC, and former Partners and senior attorneys from the White-Collar practices of Gibson Dunn, Covington, and Crowell & Moring
- White collar defense experience includes matters involving alleged procurement fraud, tax fraud, FCPA, human trafficking, kickbacks and bribery, price fixing, criminal conflict of interest and other matters
- Successfully represented government contractor alleged to be a co-conspirator in nearly decade long criminal and civil investigations and cases brought by two U.S. Attorney’s Offices
- Successfully represented multiple clients in FCPA investigations by DOJ
Audits & Cost Accounting
At a Glance
- Our attorneys and accountants bring a unique, multidisciplinary approach to audits and cost accounting
- Former DCAA auditor has an insider perspective as to evidentiary standards that can often persuade auditors to change findings
- Several hundred cost disallowance issues resolved without the need for claims litigation
- Represented major NGO operating worldwide educational program in making a substantive presentation to persuade the agency to disregarding an OIG audit finding that would have disallowed $50 million in cost share
- We regularly utilize success fee arrangements in seeking to reduce cost disallowances
Bid Protests & Competition
At a Glance
- Hundreds of protests litigated at the Court of Federal Claims, Government Accountability Office, and agency level
- Lead counsel for protest of $9.5 billion award for global vaccine distribution contract, including 5-hour oral argument at Court of Federal Claims
- Successfully challenged agency award to competitor, and when our client won the second-round award, successfully defended the award
- Convinced agency to abandon its use of LPTA method for procuring $2 billion in complex consulting services, based on argument of vague technical standards and non-binding prices
- Defending our client’s award, we persuaded the agency to override the automatic stay of contract performance, and then successfully defended the override before the U.S. Court of Federal Claims
- We regularly utilize success fee arrangements for achieving protest goals
Claims & Recovery
At a Glance
- Our attorneys and accountants bring unique, multidisciplinary approaches to resolving claims
- We recognize our clients’ valuable customer relationships and negotiate REAs and claims when possible
- Our attorneys have hundreds of days in federal trials and mediations, including with the Boards of Contact Appeals, the U.S. Court of Federal Claims, and various U.S. District Courts, and U.S. Courts of Appeals
- Over $1 billion in government contracts claims recoveries, including a single award of $240+ million affirmed by the U.S. Court of Appeals for the Federal Circuit
- Hundreds of millions of dollars in claims recoveries
- We regularly utilize success fee arrangements and other alternative fee methods for our client’s benefits
Cybersecurity
At a Glance
- Worked hand-in-hand with technology firm to guide major contractor in establishing compliant cybersecurity systems, including DFARS safeguarding rules on UCTI and supply chain restrictions
- Assisted top 10 defense contractor in developing internal process for identifying and analyzing cybersecurity incidents for disclosure
- Member, Board of Directors, George Washington University’s Center for Cyber & Homeland Security and Member of the Active Defense Task Force
- Principle author of Cybersecurity for Government Contractors and Into the Gray Zone: Active Defense by the Private Sector Against Cyber Threats
eDiscovery
At a Glance
- Handled hundreds of major and minor document reviews involving tens of millions of documents
- Our team includes a former OIG Special Agent and a former DOJ trial attorney who regularly negotiate with agencies to narrow scope of document demands and subpoenas
- Our experienced, certified eDiscovery specialist utilizes defensible and reliable eDiscovery protocols that have been regularly accepted by Federal enforcement agencies
- Utilize best practices in efficient project management to maximize workflow efficiency and reduce clients’ overall eDiscovery costs
- Relationships with vendors allow for scalability for data size, budget, and complexity of the matter
False Claims Act Litigation
At a Glance
- Our multidisciplinary team includes former DOJ Civil Fraud and Criminal Division Trial Attorneys and Assistant U.S.Attorneys, an OIG Special Agent, a DCAA and OIG Auditor and Certified Fraud Examiner, an agency Suspension and Debarring Official, and an agency General Counsel
- We have successfully navigated hundreds of federal and state civil and criminal investigations, False Claims Act (FCA) matters. Our experience shows that defense strategies are not “one size fits all.” Our approaches to these matters are tailored to each circumstance and each client’s definition of success – factoring in the likely factual record, business interests and priorities, likelihood of ancillary proceedings such as suspension/debarment or shareholder suits, availability of insurance coverage, and other relevant considerations
- Our firm has decades of experience conducting sensitive, high-stakes investigations for clients in various sectors of government contracting and against various government agencies, including:
- Bribes/Kickbacks
- Buy American Act/Trade Agreements Act
- Contract Eligibility (8(a); HUBZone, WOSB, SDVO, etc.)
- Contract Compliance
- Defective Pricing
- Grants and Cooperative Agreements
- Health Care Fraud
- Implied Certifications
- Indirect Cost Rates
- Product Quality/Substitution
- Timekeeping
Government & Internal Investigations
At a Glance
- Our attorneys, investigators, and accountants bring a unique, multidisciplinary approach to investigations
- Our team includes a former Office of Inspector General (OIG) Special Agent,a former Defense Contract Audit Agency (DCAA) Auditor and Certified Fraud Examiner, and former Department of Justice (DOJ), Defense, and other attorneys
- Over 400 investigations completed on civil and criminal matters
- Experience includes DOJ, the U.S. Defense Criminal Investigative Service (DCIS), federal and state inspectors general, U.S. Department of the Air Force (Air Force), U.S. Department of the Army (Army), U.S. Department of the Navy (Navy), U.S. Social Security Administration, and other federal, local, and foreign enforcement authorities
- Agency investigations include those by DCIS, Army, Navy, U.S. Deparmtent of State, National Air and Space Administration, U.S. Administration for International Development, U.S. Department of Transportation, DOJ, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Department of Energy, U.S. Department of Veterans Affairs, U.S. Small Business Administration, U.S. Postal Service, and U.S. Peace Corps
- We recognize that the cooperative approach to sharing information can often resolve an investigation quickly
Grants & Cooperative Agreements
At a Glance
- Our attorneys and accountants bring a multidisciplinary approach to advising NGOs, state and local governments, and others on federal funding programs
- Our experience ranges across agencies and programs, from health care grants to international NGOs providing relief and development in contingency environments
- Regularly advise on recipient compliance, post-award terms and conditions, and flow-downs for subawards
- Advise on sub-recipient reporting, accounting, compliance and audit programs, and protocols
- Assist clients in responding to any Inspector General audits or other agency compliance issues
Litigation & ADR
At a Glance
- Represented several contractors in bringing claims against insurers for False Claims Act defense and settlement costs, usually achieving favorable settlements
- Successfully represented various companies in connection with high stakes/high profile civil and criminal FCA cases (both initiated by the government and/or “whistleblowers”), including a recent successful representation of a company in an FCA case in which the government intervened seeking over $200 million in damages, which was tried and appealed and where the U.S. Court of Appeals for the District of Columbia found no liability on behalf of our government contractor client
M&A and Strategic Alliances
At a Glance
- Regularly perform government contracts due diligence and analysis, for our own clients and for larger corporate law firms
- Assist clients in identifying partners for strategic alliances of all sorts
- Draft and negotiate M&A transactions documents, joint venture agreements, teaming agreements, subcontracts, and CRADAs, as well as other specialized agreements
- Assist in obtaining governmental approvals and clearances for transactions, novations, and bidding qualifications
- Interdisciplinary teams of corporate and regulatory lawyers address due diligence, regulatory approval, and other issues that arise with the purchase or sale of a contractor
Overseas Contracting
At a Glance
- Regularly advise U.S. prime contractors in determining how to deal effectively with local subcontractors and subawardees overseas
- Represent non-U.S. contractors and awardees in understanding U.S. government legal and regulatory requirements, contracting processes, and audits and investigations
- Represented major international company in helping gain the release of its employees from local jail, utilizing contacts at U.S. Embassy and foreign political officials
- Extensive network of local counsel for in-country compliance requirements – visas, labor laws, tax laws, and registrations
Regulatory Compliance
At a Glance
- Regulatory guidance for all phases of the procurement cycle on the federal, state, and local levels
- Regularly advise clients on internal controls deficiencies and potential vulnerabilities for non-compliance and fraud
- Assisted top 10 defense contractor in developing internal process for identifying and analyzing mandatory disclosure incidents
- Successfully drafted white papers to convince agency of commercial item status of products and services
- Regularly advise on broad range of regulatory requirements and FAR flow down requirements
- Conduct employee training and develop company compliance and ethics programs
Schedule & Commercial Item Contracting
At a Glance
- Advise clients on the unique rules for General Services Administration’s Multiple Award Schedule program and the Department of Veterans Affairs’ Schedule program for acquiring commercial product and services
- Assist contractors in obtaining schedule contracts
- Assist in disclosure of pricing information on the Commercial Sales Practices form and negotiating the Basis of Award customer, and pricing changes under the Price Reductions and Economic Price Adjustment clauses
- Help our clients prepare for government audits and reviews and conduct internal compliance reviews to assess gaps that need to be addressed
- Defend against violations of the Trade Agreements Act a and other allegations of non-compliance
Small Contractor Incubation & Acceleration
At a Glance
- Assist start-up and small government contractors in navigating the federal marketplace and in developing successful strategies to launch their firms, build capacity, and grow
- Advise and support firms throughout their entire life cycle, from attaining necessary qualifications and certifications, to identifying and leveraging business and teaming opportunities, and to assisting owners with growth and exit strategies
- Nurture startups from a very early stage, providing young contractors with the necessary tools to develop
- Provide introductions and advice on finding the right match with larger contractors, possible investors, and government purchasers
- Guide contractors through eligibility and participation in socioeconomic programs, such as the SBA’s 8(a), HUBZone, WOSB, SDVOSB, and the VA’s CVE programs
- Incubation and acceleration services are often based on success fee arrangements
Suspension & Debarment
At a Glance
- Our team includes a Former Air Force Suspension and Debarment Official who oversaw hundreds of proceedings and developed what the White House called the “gold standard” of suspension and debarment programs
- Successfully navigated several dozen clients through present responsibility proceedings before the Army, Air Force, Navy, Defense Logistics Agency, Department of State, Department of Justice, Environmental Protection Agency, GSA, and USAID
- Regularly represent clients facing potential suspension or debarment from government work
- Help clients defend against Show Cause and suspension actions by identifying areas of non-compliance, recommending and implementing improvements to minimize risk, and demonstrating present responsibility
Governmentwide Reach
