Our Government Contracting and Procurement Attorney Services
Our lawyers have decades of deep, diverse experience gained while working on behalf of clients of all sizes and across multiple government-targeted industries, including the aerospace, defense, and security industries; technology and services; construction; manufacturing; banking and financial services; universities and non-profits; real estate; and life sciences. We also assist clients with complicated regulatory issues relating to foreign sourcing and foreign sales of items through federal defense programs. For example, we advise clients on the Buy American Act requirements and the Foreign Military Sales and Foreign Military Financing programs.
The Government Contracts and Procurement Team is active in several industry organizations, and firm attorneys are frequently called upon to present on government contracting and public procurement law topics.
Womble Bond Dickinson’s government contracting and procurement lawyers have the industry experience and bench strength to properly assist companies of all sizes in every stage of the government contracts process—from the initial competition to the final close-out of the contract, including:
General Government Contract Counseling
- Compliance with the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and various other agency acquisition regulations
- Drafting and negotiation of teaming agreements, subcontracts, joint venture agreements, and other teaming arrangements
- Preparation of requests for equitable adjustment and assistance with the negotiation of other contract modifications
- Development of codes of ethics and business conduct, internal control systems, internal reporting systems, and training programs to comply with government contracting requirements
- Creation of organizational conflict of Interest (OCI) mitigation plans
- Advice on various significant contract vehicles, including GSA schedule contracts
- Assistance with protecting clients’ intellectual property and data rights
Bid Protests and Other Disputes
- Representation in multiple bid protests, including agency protests and protests at the Government Accountability Office (GAO) and Court of Federal Claims
- Litigation of claims before the Armed Services Board of Contract Appeals and Civilian Board of Contract Appeals
- Representation of clients in in suspension and debarment proceedings to defend clients’ responsibility to perform federal contracts, including, when necessary, negotiation of administrative agreements to address raised issues
- Handling of complex litigation in various state and federal courts throughout the United States
Small Business Administration (SBA) Guidance
- Representation in multiple SBA size protests and status protests, and appeals to the SBA Office of Hearings and Appeals
- Advice on NAICS code applicability and appeals of inappropriately assigned NAICS codes
- Counseling and formation advice regarding SBA’s various programs, including:
- HUBZone Small Business
- Service-Disabled Veteran-Owned Small Business (SDVOSB)
- Women-Owned Small Business (WOSB)
- 8(a) Disadvantaged Businesses
- Business concerns owned and controlled by Alaska Native Corporations (ANCs), National Hawaiian Organizations (NHOs), Indian Tribes, and Community Development Corporations (CDCs)
- Counseling and advice on SBA’s affiliation rules
- Drafting and negotiation of operating agreements, partnership agreements, and corporate bylaws to ensure compliance with SBA’s ownership and control regulations
- Negotiation and drafting of various SBA All-Small Mentor-Protégé agreements and associated joint venture agreements
Government Investigations
- Comprehensive and effective legal support to clients with various government investigations, including matters initiated by whistleblowers, auditors, and inspectors general
- Counsel to clients addressing whether “credible evidence” of a violation exists that would require a mandatory disclosure under FAR 52.203-13
- Guidance to clients through the investigation process to ensure compliance with applicable regulations while also preventing or minimizing the negative impact of disclosures
Distinctive Team Credentials
We maintain government clearances for lawyers who require access to sensitive government information, and several team members have worked for government agencies.
Our team includes:
- Former presidential appointee, U.S. Small Business Administration (SBA), and the U.S. Department of Veterans Affairs (VA)
- Former Senior Counsel, U.S. Senate Judiciary Committee
- Former Senior Counsel, BAE Systems - Maritime Services
- A former officer, U.S. Army Judge Advocate General’s (JAG) Corps
Representative Experience
Transactional
- Represented a government contractor with novating a multi-billion-dollar ID/IQ contract, including multiple eight-figure task orders issued under that contract from the existing contract holder to a separate joint venture. Representation included all of the applicable due diligence and the drafting and negotiation of the required documents to ensure regulatory compliance.
- Represented a government contractor with negotiating and drafting a mentor-protégé agreement and a joint venture agreement under the SBA All Small Mentor-Protégé program that ultimately resulted in the joint venture becoming one of 20 firms to receive an award under an ID/IQ contract that will provide total task order awards exceeding $13 billion over a ten-year period.
- Served as the government contracts counsel for the negotiation of an asset sale on behalf of two sister pharmaceutical companies. Assets sold consisted of realty and personalty in Kentucky and Puerto Rico, and the purchase price, including tax credits and earnouts, equaled $36 million. Representation involved the assignment of contracts with state and federal government agencies, the negotiation of a master novation agreement and other assignment agreements, and other regulatory and compliance matters.
- Represented a government contractor with the due diligence and the negotiation and drafting of all documents for a $22 million stock purchase of a small business that had several small business set-aside awards, and developed and effected a strategy for client to protect existing awards in compliance with SBA’s regulations and other applicable regulations.
- Assisted multiple large business mentors and small business protégés with obtaining approved mentor-protégé agreements under the SBA’s All-Small Mentor-Protégé Program, and then by negotiating and drafting joint venture agreements to ensure compliance with SBA’s regulations.
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
Compliance and Investigations
- Successfully responded for a government contractor client to a notice of potential suspension and debarment, with the result being a finding of responsibility by the Suspending and Debarring Official and securing the client’s right to continued eligibility for federal procurements.
- Represented a government contractor client in the technology sector in an internal investigation of serious procurement fraud violations committed by a senior executive, and the resulting voluntary disclosure to the cognizant federal contracting agency.
- Represented a government contractor that received a letter of concern warning of a potential suspension and debarment related to the contractor allegedly not performing certain contract activities according to the terms of the government contract. We quickly assisted the client in responding to the government’s concerns, which included developing and rolling out a code of business ethics and conduct, and implementing a training and compliance program to address and eliminate the government’s concerns, resulting in a positive outcome for the client.
- Assisted multiple government contractors with developing and implementing codes of business ethics and conduct and establishing business ethics awareness and compliance programs and internal control systems in order to comply with the requirements of FAR 52.203-13. These representations have included, but are not limited to, drafting the codes of business ethics and conduct, developing hotline reporting systems and internal controls, and conducting company-wide training on government contracts ethics and compliance.
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
Bid Protests
Our Government Contracts team has handled numerous bid protests at the agency level, the GAO, and the U.S. Court of Federal Claims on wide variety of topics. A few representative examples include:
United States Court of Federal Claims
- Piedmont Propulsion Sys., LLC v. United States, 167 Fed. Cl. 72 (2023): Successfully represented client in a bid protest that resulted in a permanent injunction of an unduly restrictive United States Coast Guard procurement.
- Bitscopic, Inc. v. United States, 166 Fed. Cl. 677 (2023): Successfully obtained the dismissal of a bid protest where the client’s competitor was attempting to eliminate the client’s ability to sell any products to the Department of Veterans Affairs.
- Sigmatech, Inc. v. United States, 141 Fed. Cl. 284 (2018): Successful defense of an $88 million Army task order awarded to client, defending an allegation of impaired objectivity organization conflict of interest (“OCI”).
- CliniComp Int’l, Inc. v. United States, 117 Fed. Cl. 722 (2014): Successful post-award bid protest of a $4.6 million VA contract for computer information systems; obtained reported decision and injunction in favor of the client.
- WaveLink, Inc. v. United States, 154 Fed. Cl. 245 (2021): Successful post-award bid protest of GSA contractor’s exclusion from OASIS SB awards in Pool 3; obtained report decision and injunction in favor of the client.
Government Accountability Office
- Minburn Technology Group, LLC, B-422106.1 (Nov. 8, 2023): Successfully protested the award of a software contract to the client’s competitor, resulting in the cancellation of the award through corrective action.
- JESco Contracting Services, B-421721 (July 12, 2023): Successfully obtained the dismissal of competitor’s protest related to a significant maintenance and cleaning contract awarded by the Department of Homeland Security.
- Ashlin Mgmt. Grp., B-419472.3 (Nov. 4, 2021): Successful protest finding that awardee’s proposal for a Department of Labor contract was unacceptable due to failure to notify agency that a quoted key person became unavailable during corrective action period.
- Lukos-VATC JV III, LLC, B-418427.9 (Dec. 22, 2020): Successfully defended against bid protest alleging organizational conflicts of interest and raising challenges to the agency’s evaluation of the protester’s proposal.
- Orbis Sibro, Inc., B-415714 (Feb. 26, 2018): Successful protest of upwards costs adjustment to Navy contractor’s proposal.
SBA’s Office of Hearings and Appeals
- In the Matter of Wood Consulting Services, Inc., SBA No. WOSB-119 (Nov. 20, 2023): Successfully defended against a WOSB status protest and appeal that challenged our client’s status as a women-owned small business, including allegations related to the company’s bylaws and about the dedicated work hours of the company’s owner.
- Reliable Vets, LLC, Protestor Re: Am. Access Inc., SBA No. CVE-226, 2022 (Apr. 13, 2022): Successfully represented a VA contractor in response to a SVDOSB status protest.
- Size Appeal of Oak Grove Techs., LLC, SBA No. SIZ-6051 (Apr. 20, 2020): Successfully defended against size protest and size appeal related to a nine-figure government contract by proving that the client was a small business that was not unduly reliant on any other company and that no affiliation caused the client to exceed the applicable size standard.
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
