GOVERNMENT CONTRACTS

Patrick Henry’s nationwide Government Contracts practice combines our substantial strengths as business counselors and trial and appellate lawyers, and allows us to assist our clients in expanding their businesses and addressing procurement-related issues with federal agencies, before the courts, administrative boards and in alternative dispute resolution forums.  We provide the full range of Government Contracts related legal services for companies of all sizes, representing many industries, through contracts, grants, cooperative agreements or other transactions.  We also represent clients with procurement issues before state and local governments.

Government contracting is a complex and competitive arena that involves bidding, performance, and compliance issues, as well as the need to resolve claims and disputes that arise during contract formation and performance.  Our lawyers represent bidders, contractors, subcontractors, underwriters, lenders and other third party stakeholders in a wide range of public contracting and privatization matters, involving governmental entities at all levels.  In recent years, our clients have come from a diverse spectrum of industries, including:

• Information technology
• Biotechnology
• General manufacturing
• Construction
• Engineering services
• Healthcare services
• Management services
• Aircraft maintenance and ground support equipment
• Military products and services
• Security services
• Medical equipment and services
• Real estate development and leasing.

We offer a complete and effective package of services to companies and organizations seeking guidance on ways to establish or expand business with government clients, ensure regulatory compliance, resolve a contract dispute, address a bid protest, or respond to allegations of fraudulent or other misconduct.  This includes many years of business law, dispute resolution, trial, and appellate experience involving a broad spectrum of the contracting process:

• Bid Protests.  We have successfully represented numerous clients in bid protests before the U.S. Government Accountability Office and the U.S. Court of Federal Claims—both in defense of government contract award decisions and to overturn flawed government contract award decisions.

• Contract Disputes and Litigation.  We have substantial experience representing clients in government contracts disputes, including disputes concerning contract changes contract interpretation, breach of contract and terminations, among other disputes, before the U.S. Court of Federal Claims and the various boards of contract appeals, as well as commercial lawsuits in both state and federal courts.  Our experience includes preparation and negotiation of claims, and representation of clients in alternative dispute resolution.  In addition, we have represented countless small businesses before the Small Business Administration Office of Hearings and Appeals concerning 8(a) Program, HUBZone Program, Small Disadvantaged Business certification matters and small business size determinations.

• Security Clearance, Intellectual Property, Outsourcing.  We have current knowledge and experience regarding developments in procurement, grant, outsourcing, privatization, intellectual property, security clearance, foreign trade, and export control laws that impact the relationship between the federal government and its contractors.

• Administrative Law.  We have hands-on familiarity with administrative law requirements and procurement law procedures of federal and various state departments and agencies, including but not limited to Freedom of Information Act request procedures.

• Investigations.  We represent clients nationally and internationally regarding internal investigations and in administrative, civil, and criminal proceedings arising from alleged wrongdoing, proposed suspensions and debarments, and qui tam actions.

• Strategic Relationships.  We have broad experience and expertise assisting clients in developing prime-subcontractor relationships, joint ventures, teaming relationships and mentor-protégé relationships.  Our experience includes risk assessment and preparation of appropriate agreements to memorialize these relationships and protect our clients interest, as well as successful litigation of claims and disputes arising from these relationships.

• Small Business Issues.  Patrick Henry is particularly experienced and well-equipped to handle federal and state procurement issues unique to small businesses.  Our experience includes advising and assisting clients in securing certification in various small business programs administered through the Small Business Administration programs, including the 8(a) Program, the HUBZone Program, the Small Disadvantaged Business Program, the Service Disabled Veteran Owned Small Business Program and the Women-Owned Business Program.  We also assist clients in obtaining certification in other federal, state and private programs, such as the Department of Transportation Disadvantaged Business Enterprise program and various chapters of the Minority Supplier Development Council.   

• Government Contracts/Corporate.  We also assist our government contracts clients in mergers and acquisitions, including advice and counsel regarding the unique issues raised by the sale and acquisition of 8(a) firms and other small businesses.