INDUSTRIES & PRACTICES

guidance ahead

Government Contracts Counseling & Litigation
FOCUSING ON THE INTERSECTION OF INDUSTRY AND GOVERNMENT.

Overview

Federal, state and local governments spend hundreds of billions of dollars on procurement and disburse an equivalent amount in grants each year. Given the variety of services sought and grants available, no organization can ignore the opportunity associated with doing business with the government.

We understand that with this opportunity comes risk—government contracts and grants are different from typical commercial agreements. Whether on the procurement side or the grant side, organizations that interact with the government face a complex and constantly evolving system of laws and regulations designed to further an ever-changing set of public policy goals.

We counsel clients across the full spectrum of issues associated with contracting with the government—from the bidding process and bid protests through the performance period, including investigations and compliance advice and contract and grant closeout, disputes under the Contract Disputes Act and False Claims Act investigations.

Our team has the expertise, depth and institutional resources to efficiently and effectively handle any legal issue our government contracts clients may face. Our team has experience representing clients providing a wide range of products and services to the government. Defense contractors, technology companies, construction companies, medical-device makers, healthcare systems, non-profit organizations, Alaska Native Corporations and leading manufacturers all trust Dorsey with their government contracting needs.

Experience

Government Contracting
Our Government Contracts Counseling and Litigation practice serves the full spectrum of clients providing services to the government. Our practice includes a wide range of departments and agencies, including:

  • The Department of Agriculture
  • The Department of Justice
  • The Department of Commerce
  • The Department of Labor
  • The Department of Defense
  • The Environmental Protection Agency
  • The Department of Energy
  • The General Accounting Office
  • The General Services Administration
  • The National Aeronautics and Space Administration
  • The Department of Health and Human Services
  • The Small Business Administration
  • The Department of Homeland Security
  • The Department of Treasury
  • The Department of Housing and Urban Development
  • The Department of Transportation
  • The Department of the Interior
  • The Department of Veterans Affairs

Our group regularly advises prime and subcontractors on bidding, contract negotiation and formation, Requests for Equitable Adjustments (REAs), claims, dispute resolution procedures, procurement ethics and Small Business Administration (SBA) laws as well as regulations regarding preference status programs. Our attorneys understand the Federal Acquisition Regulations (FAR), the Contract Disputes Act (CDA); the False Claims Act, the Anti-Kickback Act as well as the specialized substantive and procedural rules that govern claims against the United States, including bid protests before the Court of Federal Claims and at GAO.

We regularly counsel clients in all areas of Government Contracts law, including:

  • Alaska Native Corporation Issues 
  • Foreign Military Sales
  • Appropriations and Funding
  • GSA Schedule Contracting
  • Contract Formation and Negotiation
  • Inspector General Investigations
  • Commercial Item Acquisitions  
  • Intellectual Property Rights
  • Compliance and Internal Investigations
  • International Government Contracts
  • Conflicts of Interest
  • Mandatory Disclosure
  • Defective Pricing
  • Mergers and Acquisitions
  • Defense Contract Audit Agency Audits
  • Risk Assessment, Contract Review & Advice
  • Domestic Sourcing Statutes (such as the Buy America Act, the Buy American Act and the Trade Agreements Act)
  • Service Contracting

We, together with the members of our Government Enforcement and Corporate Investigations team, work closely with our clients to help them manage the unique risks associated with government contracting and grant-making. We frequently conduct corporate compliance reviews and help our clients implement in-house training programs designed to ensure that they comply with the numerous requirements imposed on organizations dealing with the Federal government.

Litigation and Disputes
In addition to our work helping clients securing government contracts, we represent clients in the U.S. Court of Federal Claims (COFC), the Federal Circuit, the Boards of Contract Appeals, agency hearings, arbitration panels and other tribunals in connection with:

  • Bid Protests
  • Prime/Subcontractor Disputes
  • Claims, Disputes and Terminations
  • Procurement Integrity Act Proceedings
  • Contact Interpretation Claims
  • SBA Size and Status Protests
  • False Claims Act Proceedings and Qui Tam Actions
  • Suspension and Debarment Proceedings
  • Government Audits, Investigations and Claims

Alaska Native Corporations
Among our team’s most notable sub-specialty expertise is our representation of Alaska Native Corporations (ANCs) and other Alaska-based Government contractors. The attorneys in our Anchorage and Seattle offices have significant experience with and a unique understanding of the complex, challenging and constantly-changing state and federal small business rules and regulations that affect ANCs and other SBA-certified businesses in Alaska. Our attorneys are recognized leaders in these markets. We regularly confer with ANCs and other Alaska-based clients on corporate formation and structure to ensure they remain both compliant and competitive. We represent our clients in SBA size protests and we prosecute and defend our clients in bid protests at GAO, the COFC and the Federal Aviation Administration (FAA). We perform internal investigations and offer advice on mandatory disclosure and, when necessary, we litigate—preparing REAs and prosecuting claims for our clients before state and federal courts, administrative bodies and Boards of Contract Appeals.  

Accolades

Contacts

Alex Hontos
Practice Group Chair

Industries & Practices

  • Construction Litigation
  • Emerging Companies
  • Government Enforcement & Corporate Investigations
  • Indian & Alaska Native
  • Insurance Law
  • Mergers & Acquisitions