GOVERNMENT CONTRACTING

It’s no secret that Government Contracting is important in the Mid-Atlantic region. Of the top five states receiving government contracts, three of them, Maryland, Virginia and Pennsylvania are all in the mid-Atlantic corridor. The challenges facing government contractors are different in many ways from other businesses, so it is important to have legal representation that helps companies succeed in this complex marketplace.

Our government contracting practice assists contractors who may not have appreciated the basic steps and pitfalls which exist when entering into prime and subcontracts in the government contracting environment.  Using the collective experiences of Offit Kurman and our clients, we offer experienced attorneys who can help with practical advice; using that counsel, contractors can thrive in this heavily regulated industry and avoid costly trips to the courthouse.

Even with the best of advice, however, sometimes clients need more aggressive assistance to secure equitable treatment and continued success in this arena. Some of the other primary areas in which we assist clients include the following:

Bid Protests

Many clients who are involved as protestors or interested parties in protests of solicitation and award improprieties have turned to Offit Kurman. We represent clients with protests in all local, state and federal forums, including the Maryland State Board of Contract Appeals, the Baltimore City Board of Estimates, the Small Business Administration, the U.S. Government Accountability Office (formerly the General Accounting Office), the United States Court of Federal Claims, and the FAA’s Office of Dispute Resolution for Acquisition (ODRA).

Contract Claims

Prosecution of all forms of contract claims including acceleration, breach-of-contract, changes, delays and related costs, pricing and scheduling issues are critical to many of our clients. On their behalf, we appear before local and state agencies, the various Boards of Contract Appeals, the U.S. Court of Federal Claims and ODRA.

General Business Counseling

More than other enterprises, government contractors are subject to numerous laws and regulations which cover everything from cost accounting to subcontract requirements and employment practices. Often these issues affect the ability of a contractor to run his/her business effectively. Our attorneys endeavor to assist a client in all aspects of the client’s business necessary to comply with the laws applicable to government contractors.

Proposals and Other Business Issues

Not all government contracts will be suitable for your business. You need to evaluate solicitations and prepare bids that increase your chances of success and ensure responsiveness. We assist clients in drafting compliance programs and procedures. We believe that using a practical and proactive approach to addressing issues before they arise will help companies reduce the amount of conflict and increase the benefits from government contracting. We have counseled and improved many clients’ chances of success by drafting and revising Subcontracts, Non-Disclosure Agreements, Teaming Agreements, and Joint Venture Agreements.

Data Rights

Many government contractors require advice regarding their intellectual property rights when inventions, data and computer software is used, created and/or modified under a government contract. We counsel clients in this area including recommending measures to protect proprietary technology developed at private expense, and appropriate non-disclosure agreements and reservations of rights.

Construction Claims

Our Construction Group practices almost exclusively in the interrelated areas of construction, surety and government contracts law. The group’s experience spans the full range of needs, including:

• Drafting and negotiating construction contracts
• Advising clients throughout construction projects
• Arbitrating, mediating or litigating disputes which arise during the performance of the project
• Mechanic’s liens
• Miller Act and Little Miller Act claims
• Bid dispute issues

Small Businesses Preferences

Small, veteran owned, minority owned and women owned businesses often don’t know about the programs and preferences available through Federal Agencies including the Small Business Innovative Research program, the Historically Underutilized Business Zone program, the 8(a) program, and the Service Disabled Veteran Owned program. We assist clients in identifying, applying for and capitalizing on these program benefits; together we develop strategies for partnering with other contractors and forming strategic alliances to increase the chances of developing government contract opportunities.

For further information regarding the Government Contracting Practice Area, please contact Don Walsh by e-mail at dwalsh@offitkurman.com or by phone at 443.738.1583.