We help optimize strategies by navigating the intersection of business, contracts, and regulations.
We know the value of customer relations and help clients take their issues directly to the cognizant Government decision-makers. We maintain a roster of former Government officials – Procurement Executives, Inspectors General, Suspension and Debarment Officials, and others – to refine agency relations strategies. This includes identifying the right level of entry, developing talking points and white papers, obtaining meetings with key officials, and following through to achieve results.
We have protested or defended hundreds of contract awards at the Court of Federal Claims, Government Accountability Office, and agency level. Our multidisciplinary team of attorneys and accountants bring an integrated approach to analyzing bid protest issues, and we have an effectiveness rate much higher than GAO’s published rates. Some of our most successful protests have been resolved through voluntary corrective action.
We advise both U.S. defense contractors and foreign governments on navigating legal and strategy issues around Foreign Military Sales, Foreign Military Financing, and Direct Commercial Sales. We have extensive experience assisting clients to navigate the pertinent legal authorities and qualifications standards, structuring and negotiating offsets arrangements, coordinating financing for transactions, obtaining necessary export control licenses, and avoiding violations of anti-boycott and anti-bribery regimes. We count among our resources a former General Counsel of the Defense Security Cooperation Agency.
We help clients develop actionable plans for growing government contracting business lines, including through M&A transactions and strategic partnerships. This starts with targeted discussions with business leaders to understand existing capabilities, market positions, and desired adjacencies, followed by a review of existing contracts and winning and losing proposals, and then combining that information with our deep knowledge of government customers, acquisition pipelines, and competitors. We also work with legal departments to identify compliance needs necessary for scalability. We then deliver a comprehensive set of integrated recommendations for achieving the client’s business goals, such as reshaping contract portfolios through strategic investments or divesting contracts and assets, or prioritizing and navigating compliance obligations to position the client for growth. We emphasize cost- effective and realistic steps — grounded in facts, data and insights — to provide a plan for both near-term and long-term growth.
Intellectual property is the lifeblood of many contractors, and, at the same time, their government customers are often the most egregious in stealing that IP. We help contractors protect intellectual property rights through standard contracts, End-User-License Agreements, Master Subscription Agreements, and internal guidance on marking requirements, and enforcement actions against the government and competitors. With competing demands for innovation, transparency, and public investment, government contractors face unique challenges at the intersection of intellectual property and federal procurement policy because the government maintains broad interest in data and intellectual property produced for and during the performance of a government contract. We counsel organizations on best practices for protecting their intellectual property and data when working with a government-client and represents organizations to enforce or protect these rights.
Our creative and strategic approach to teaming agreements, joint ventures, and tactical alliances has helped dozens of organizations achieve long-sought business goals and growth through the structuring of these relationships. In addition, we have successfully helped clients traverse tangential issues that arise with these arrangements, including the U.S. Government’s System for Award Management registration; state, federal, and foreign taxation; intellectual property; export control; non-disclosure agreements; and anti-trust requirements.
We uniquely understand government contractors and the complex regulatory processes that govern all aspects of their business, and we bring that expertise to bear in structuring transactions to minimize risk while optimizing value realization. We have extensive experience drafting and negotiating transaction documents for “game changing” mergers, acquisitions, divestitures, spin-offs, tactical “tuck ins,” and other transactions. We work with clients to understand their priorities and ensure proper drafting to maximize the success of a transaction. Additionally, transferring government contractor businesses and contracts often requires government reviews and approvals, particularly where there are security implications (e.g., FOCI, CFIUS, security clearances, export licenses). We help our clients navigate these processes by identifying common pitfalls and likely deal-specific risks, reaching out to government officials to facilitate smooth reviews and approvals, and preparing necessary filings.
We help clients structure asset purchases to maximize the likelihood that the government will approve novating (i.e., transferring) a contract from one contractor to another. We interface with government attorneys and contracting officers early in the process to ensure that any government concerns are anticipated and addressed so that novation approval can be granted expeditiously. Since many transactions are designed to acquire past performance to create an advantage for future contracting opportunities, we also help structure transactions to facilitate the government’s explicit recognition of past performance transfers.
We represent dozens of small business contractors in navigating the Small Business Administration’s unique rules and opportunities. This include forming corporations, understanding rules, developing affiliations with larger contractors, and preparing for transactions. We also work with Native American- and Alaska Native-owned contractors to help shape agency set-aside procurements. Clients benefit from our seasoned approach to structuring business entities to utilize these special contracting opportunities. This practice is led by the former Chief Executive Officer, President, and Chief Legal Officer of a large ANC.