Government Contracts

Overview

The U.S. federal government is the largest buyer of goods and services in the world and can be a particularly steady source of business in difficult economic times. State and local governments, too, purchase a wide array of goods and services. Not surprisingly, the federal government and virtually every state and local government have established complex contracting and dispute-resolution regulations to serve the dual purposes of obtaining needed goods and services and protecting taxpayer funds.

Alston & Bird’s government contracts lawyers are seasoned counselors and litigators who know and understand the complexities and challenges of doing business with federal, state, and local governments. We provide strategic advice and counseling at every stage of the government/contractor relationship. Our collective and vast knowledge working hand-in-hand with both government regulators and our clients who do business with the government makes us uniquely situated to understand the complexities associated with both the government and its contractors, which is crucial knowledge for a company trying to win or retain a government contract or trying to resolve what could be a major dispute with a government agency or regulator. We also understand the need to develop and implement workable solutions to even the most complex problems that foster, as opposed to hamper, business growth. 

Experience

The lawyers in Alston & Bird’s Government Contracts Group are frequently called upon to assist clients in all types of matters involving the negotiation, performance, and where necessary, litigation of government contracts, whether based on the Federal Acquisition Regulation (FAR) or other federal, state, or local regulations.

Importantly, we are at the forefront of providing critical advice and counsel on a variety of complex, high-profile contracts for major government contractors.We excel at all areas where government contracting occurs, including bid protests and the formation of government contracts; the administration of those contracts; processing claims and litigating disputes between our clients and government agencies, or between prime and subcontractors; conducting internal investigations; preparing voluntary or mandatory disclosures to government agencies; or defending our clients in investigations, fraud claims, suspension or debarment proceedings, or other white-collar matters.

We are a full-service government contracts practice, well-versed in what it takes for a commercial company to embark on government contracting. We also have a robust practice at the international, state, and local levels, representing national and global companies, as well as regional authorities and municipal governments, in doing business with various governments.

• Developed and/or enhanced government-contracts-focused ethics and compliance programs for multinational companies, including the development of government contracts policies, procedures, trainings, awareness campaigns, and audit programs tailored to complying with U.S. federal, state, and local government and foreign government laws. 
• Counseled government contractors on compliance with applicable statutory, regulatory, and contractual requirements, including the Federal Acquisition Regulation (FAR) and agency-specific supplements such as the Defense Federal Acquisition Regulation Supplements (DFARS), as well as state and local government requirements.
• Negotiated contracts and subcontracts on major technology procurements, including for key suppliers on the New York City MTA subway procurement, CMS Federally Facilitated Marketplace, and various other technology and health care procurements by federal, state, and local governments. 
• Represented and provided due diligence support to both buyers and sellers of government contractors in mergers and acquisitions, including advising on the risks of such transactions and the novation process.
• Represented and provided due diligence support as specialty government contracts counsel to the buyer, a UK private equity firm, in the acquisition of a leading provider of OEM-licensed parts for legacy military and aerospace platforms for $1.365 billion.
• Represented defendants in qui tam (False Claims Act) lawsuits and in responding to civil investigative demands, including suits alleging illegal sales to the federal government of products that do not comply with certain domestic source restrictions applicable to such sales, violations of the Anti-Kickback Act, and fraudulent pricing and billing schemes. 
• Represented companies in U.S. Department of Labor wage-and-hour compliance reviews and investigations such as those covering potential violations of the Davis–Bacon Act and the Service Contract Act. 
• Represented government contractors in pre-award and post-award protests at the federal, state, and local levels, including at the Government Accountability Office, U.S. Court of Federal Claims, and tribunals in Georgia, Virginia, and California. 
• Served as counsel to claimants in disputes with U.S. federal, state, and local government entities, including in front of the Civilian and Armed Services Boards of Contract Appeals. 
• Served as a testifying expert on government contracting issues in a criminal case alleging fraud and misrepresentations to government investigators in a number of government contracts in New York. 
• Represented government contractors in federal and state district courts in suits filed under the Administrative Procedure Act (APA).
• Conducted internal investigations on behalf of government contractors and represented government contractors in investigations by the U.S. government and advised clients on making mandatory and voluntary disclosures to U.S. government customers.
• Counseled and represented clients (both companies and individuals) in suspension and debarment proceedings.