Bracewell & Giuliani’s government contracts practice combines our strengths as business counselors and commercial litigators to help clients with all procurement-related issues before federal agencies and in court. We serve the legal needs of clients of all sizes and in all industries doing business with the federal government through contracts, grants, cooperative agreements or other transactions. We also represent government contract clients with procurement issues before state and local governments, and help to resolve international contracting controversies.
Broad Industry Experience
Government contracting is a complex and competitive arena that involves not only bidding and supply issues, but also disputes that can mean civil or criminal litigation. Our lawyers represent bidders, contractors, underwriters, lenders and third-party stakeholders in a wide range of public contracting and privatization matters. Our clients work in many industries, such as:
- Energy and energy-related products
- Information technology
- Biotechnology
- General manufacturing
- Construction and engineering services
- Shipbuilding
- Aircraft manufacturing, maintenance, and ground support equipment
- Military products and services
- Security services
- Medical equipment and services
- Real estate.development and leasing
Comprehensive Capabilities and Credibility
We provide a complete and effective package of services to companies and organizations wishing to resolve a contract dispute, needing to handle a bid protest, or seeking guidance on the best ways to establish or expand business with governmental clients. This includes decades of business law and dispute resolution experience involving every aspect of the contracting process:
Getting the Contract
We help develop bids and proposals for clients that effectively respond to the provisions of government requests for proposals and statements of qualifications. Whether representing prime contractors or subcontractors in teaming and joint venture arrangements, we are adept at defending proposed mergers of contractors before officials of the Department of Justice, Department of Defense and Federal Trade Commission. We draft and negotiate subcontract provisions and advise on the latest changes in contract requirements involving performance based contracting, pricing, organizational conflicts of interest, technical data rights, accounting systems, and security requirements.
Bid Protests
We help clients bring, and defend themselves against, protests over the propriety of the government’s contract award process. We represent clients in bid protest actions before federal agencies, including the U.S. General Accounting Office and the General Services Administration Board of Contract Appeals. We also litigate federal contract bid disputes in the U.S. Court of Federal Claims, various Federal District Courts and the Court of Appeals for the Federal Circuit. Each state also has its award protest process and we are experienced in a many of these venues.
Complying with Laws and Regulations
We provide clients with hands-on familiarity with procurement law procedures and administrative law representations before federal departments and agencies. We stay current with the latest developments in complex procurement laws that govern the relationship between the federal government and its contractors, and enhance our representation of clients by participating in relevant industry and professional associations.
To help clients remain in compliance with the many requirements of complex federal law, we conduct on-site reviews of client business practices and procedures and help develop ethics and compliance programs. And once a contract is secured we can help with all performance issues, including interpretation of contract clauses, identification and pricing of change orders, and defense against government audits and investigations.
Resolving Claims and Disputes
We help resolve complex, high-level contract disputes and statutory and constitutional claims, and provide effective representation in internal investigations and criminal defense proceedings. We bring to bear our prior experience within the United States government as a Senior Trial Counsel and Assistant Director in the Civil Division, U.S. Department of Justice.
Debarment and Suspension
We represent clients suspended from government contracting or proposed for debarment by the Office of Federal Contract Compliance Programs and other agencies. This may involve an independent investigation of the facts behind the proposed action, representation of the client before the agency's suspension and debarment authority, or working with clients to reverse the significant effect of such government actions on their business operations.
Investigation and Prosecution
Bracewell & Giuliani’s White Collar Crime and Regulatory Defense group works with our government contract attorneys to vigorously represent clients embroiled in state or federal investigations, including those by the Office of the Inspector General. Our attorneys provide advice and counsel in procurement fraud, false statement, tax, securities and other regulatory investigations. We help clients respond to subpoenas, conduct internal investigations, and provide grand jury testimony. If charges are filed, we are vigorous advocates in state and federal courts in both civil and criminal matters, including False Claims Act qui tam cases. We also represent clients in congressional inquiries and before regulatory agencies.
Foreign Trade and Ownership Concerns
Because government contracting has an increasingly global focus, considerations of foreign trade and foreign ownership regulatory compliance can be crucial. We represent clients regarding various international trade regulation laws, such as those pertaining to export controls, Foreign Trade Zones, civil penalties and related regulations of the United States Customs Service. We deal with such controversial issues as compliance with the U.S. Foreign Corrupt Practices Act and the International Antibribery Convention, U.S. law relating to trade sanctions and dealings with embargoed countries, and concerns involving multinational trade agreements.
Bracewell & Giuliani has close working relationships with the Department of Homeland Security and federal law enforcement agencies. When clients are subject to foreign ownership, control or influence, we help them maintain their security clearances for classified and sensitive contracts by properly shielding the foreign influence to the satisfaction of the U.S. government. We have also represented a wide range of companies with complex international acquisitions before the Committee on Foreign Investment in the United States ("CFIUS"), developing extensive experience with expedited information requests, pending investigations, and related inquires on behalf of our clients.