The United States federal government is the largest consumer of goods and services in the world, spending more than $625 billion annually through contracts and grants. Add the myriad local and state government contracting opportunities for businesses ranging from construction companies and automotive suppliers to medical device manufacturers and software developers and you’ll understand that government contracting is big business. Offit Kurman attorneys regularly help those who contract with the government to comply with regulatory requirements and assert their rights to ensure a fair and equitable procurement process.
Close to the Action
Our proximity to Washington, D.C., and other state governmental hubs keeps our boots on the ground in the locations that serve our clients’ business interests. When navigating government contracting and procurement processes, we bring deep experience in helping clients succeed despite government-unique challenges.
Protecting our clients in this complex arena, we counsel on steps to take and pitfalls to avoid when submitting for, entering into, performing, and closing out prime contracts and subcontracts in the government contracting environment. Representing prime and sub-contractors, we have negotiated and documented a variety of teaming and joint venture agreements and advised on sole-source and emergency contracting actions.
Leveraging Offit Kurman’s collective knowledge and our years of experience, we offer counsel to help contractors thrive in this heavily regulated industry and avoid costly trips to the courthouse. When litigation is necessary or unavoidable, however, we have the experience and resources to represent our clients aggressively.
Procurement
Succeeding in the complex marketplace created by government regulation requires a deep understanding of the procurement process, which can vary from agency to agency or between federal and state entities. We have represented clients from New York to California in state procurements. We have also negotiated and counseled clients regarding special federal procurement instruments, including Other Transaction Authority (OTA) contracts, special license rights and cooperative agreements, such as Cooperative Research and Development Agreements (CRADAs).
We regularly guide clients through areas, including:
- System for Award Management (SAM) registration (previously, Central Contractor Registration (CCR) and Online Representations and Certifications Application (ORCA))
- Federal Acquisition Regulation (FAR)
- Sealed bids
- Negotiated procurements
- Sole source awards
- Small Business Reserve (SBR) program
- Veterans Affairs Acquisition Regulation (VAAR)
- Minority-owned businesses
- Equal employment opportunity
- Cybersecurity requirements
- Pre- and post-award bid protests
Compliance
The government contracting world has countless unique compliance requirements, and our attorneys assist clients in all aspects of the myriad laws applicable to government contractors, including creation of compliance programs, as well as training and monitoring of such programs.
Data Rights and Cybersecurity
Counseling clients regarding their intellectual property rights when inventions, technical data, and computer software are used, created and/or modified under a government contract, we recommend measures to protect proprietary technology developed by our clients and create appropriate nondisclosure agreements, licenses and similar contracts.
As bad actors look for new pathways into government infrastructure and exploitable data, data privacy and cybersecurity are growing areas of emphasis for all parties contracting with government entities. We advise on contractors’ legal requirements and defend their positions when they are accused of negligence, breaches of fiduciary duty or other acts that compromise data and systems. In addition, we are well versed in the regulatory considerations for dealing with international export controls.
Litigation and Arbitration
We have a solid track record for both keeping our clients out of courtrooms and arbitration proceedings and successfully representing them in these dispute resolution forums. We practice in federal and state courts throughout the country and engage in arbitrations both domestically and internationally. Many of these disputes involve prime/subcontractor litigation. We have extensive experience in these matters in numerous judicial and related forums.
Construction Claims
Our construction attorneys practice in the interrelated areas of construction, surety and government contracts law, including:
- Drafting and negotiating construction contracts
- Advising clients throughout construction projects
- Arbitrating, mediating or litigating disputes that arise during the performance of the project
- Collective bargaining and project labor agreements (PLAs)
- Mechanic’s liens
- Miller Act and Little Miller Act claims
- Bid dispute issues
Mergers and Acquisitions
As we help clients fulfill their growth goals, government contracting, and procurement lawyers frequently assist government contractors in navigating the purchase of other contractors wishing to expand on their success. Similarly, we have positioned many of our clients to be sold profitably as they undergo the scrutiny of an experienced purchaser. We also help secure the government’s consent to certain transactions through novation, often assisting clients to manage complications, such as obtaining the appropriate security clearances for the new parties.
Healthcare Contracting
The firm represents several clients that contract with the Centers for Medicare and Medicaid (CMS), the National Institutes of Health (NIH) and the Federal Drug Administration (FDA), advising them on various aspects of healthcare contracting, including Health Insurance Portability and Accountability Act (HIPAA) compliance. We also have considerable experience representing clients in healthcare fraud cases under the False Claims Act (FCA).
International Contracting
We advise our domestic clients on international contracting issues, ranging from navigating safely through the inherently complex rules governing U.S. export controls — the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR) and Office of Foreign Assets Control (OFAC) regulations — to complying with the prohibitions of the Foreign Corrupt Practices Act (FCPA). We also advise clients on other international contracting issues, such as the Buy American Act, Trade Agreements Act and Berry Amendment.
Security Clearance Matters and Classified Contracts
Security continues to grow exponentially as a critical government contracting issue. With several Offit Kurman offices in close proximity to Ft. Meade, which houses the NSA and Cyber Command, our team is well-positioned to help clients comply with both Facility (FCL) and Personnel (PCL) security clearances at all levels. Our work in this area includes compliance counseling and conflict resolution related to:
- National Industrial Security Program Operating Manual (NISPOM) Rule
- Defense Industrial Security Clearance Office (DISCO)
- Defense Office of Hearings and Appeals (DOHA)
