Competition for US government contracts is fierce - but landing a government contract is just the first step. Companies that provide products and/or services to the government must comply with a complex web of regulatory requirements and contractual terms.
Womble Bond Dickinson (US) LLP has the bench strength to properly assist contracting companies at all stages of the government contracts process - from the initial competition to the final completion of the contract - including:
- Helping clients compete for US government contracts, such as providing hands-on advice on responses to requests for proposal (RFP)
- Working closely with federal and state contractors to ensure they meet the terms of the contracts
- Guiding government contracts in regulatory compliance and establishment of credible internal compliance programs, including managing internal investigations and self-disclosures
- Representing clients in a variety of dispute resolution matters from bid protests and claims proceedings to enforcement and civil and criminal administrative and judicial actions
- We engage in litigation adverse to the government, in prime contractor-subcontractor disputes, bid protests, Freedom of Information Act (FOIA) requests and opposition to disclosure, and we have experience with alternative dispute resolution
Clients also look to Womble Bond Dickinson to navigate cross-border issues, including compliance with export controls, embargoes/sanctions, anti-money-laundering controls, anti-boycott rules, the Trade Agreements and Buy American Acts, and Foreign Corrupt Practices Act. We have helped our clients manage complicated issues involving "Made in USA" advertising claims subject to Federal Trade Commission Regulations, country of origin issues, and the variety of trade remedy and import regulations impacting clients' sourcing of items abroad.
Our US Government Contracts practice is nationwide in scope, and our lawyers have represented clients in sectors including supply and support for defense operations, aerospace, technology and services, computer and electronics, banking and financial services, universities and non-profits, pharmaceuticals and biotech, and real estate and construction.
In addition to regulatory, litigation and contracts requirements, US government contractors often turn to Womble Bond Dickinson for all phases of buying and selling businesses, including M&A (stock, asset and merger acquisitions), recapitalizations and corporate restructurings. We are skilled at government-specific due diligence related to the transfer of government contractor-based businesses and assets, foreign ownership and control issues arising under Exon-Florio and subject to the Committee on Foreign Investment in the United States ("CFIUS") and security regulations.
Our practice is built on our team's in-depth understanding of the government contracts industry, and we take great pride in the fact that clients often mention the personalized service of our lawyers. We always seek to add value to our clients by understanding each client's individual business to deliver targeted advice, insights and connections that help achieve objectives and minimize risk.
Examples of work
- Assisted a pharmaceutical company to successfully obtain a $298.6 million federal contract to develop new flu vaccines
- Successful bid protest of $16 billion Army multiple award contract for rapid response work with Army taking corrective action at the Government Accountability Office
- Due Diligence of more than 90 government contracts for $260 million acquisition by Fortune 50 transportation and logistics company
- Represented numerous companies with respect to internal investigations and management of self-disclosures relating to export control laws, anti-boycott regulations, OFAC sanctions, "Made in the USA" advertising, government contractor fraud and anti-kickback law violations
- Investigated and prepared $26 million claim and represented top three defense contractor in three-week trial against the Navy in sonar system warranty dispute
- Government contracts compliance training for several national information technology and telecommunications companies doing government business
- Successful legal presentation to Defense Supply Center Philadelphia showing commercial item company's products are compliant with Trade Agreements Act
- Conducted internal investigations of potential civil False Claims Act violations on behalf of several defense contractors