Bid protests are a reality in today’s government contracts marketplace. Governments at all levels — local, state, and federal — are having to do more with less, leading to fewer solicitations, and contractors no longer being able to afford a loss. Our team has extensive experience in defending and challenging the award of government contracts and solicitations in pre- and post-award protests before various state and local entities, federal agencies, the Government Accountability Office (GAO), the United States Court of Federal Claims, and the United States Court of Appeals for the Federal Circuit.

We bring value to every bid protest representation, not only by zealously advocating legal and/or factual issues in your favor, but also by understanding your relationships with the relevant government agencies involved.

Our team has experience representing government contract creditors, including prime and subcontractors, like you, in bankruptcy proceedings nationwide; litigating adversary proceedings in bankruptcy court on behalf of creditors and trustees; and litigating claim disputes on behalf of creditors in bankruptcy cases.

We can assist your company with day-to-day compliance and provide you with an understanding of the scope and content of federal regulations applicable to your company and its employees. Our extensive knowledge of federal acquisition and grant laws and regulations allows us to deliver fast and cost-effective advice. 

We regularly counsel clients like you on a wide array of procurement issues –solicitation review, proposals/tenders, contract formation, contract administration, contract disputes and litigation, and contract close-out procedures. We can advise you regarding procurements involving U.S. government agencies, including, but not limited to, the Department of Defense (DOD) (i.e., Army, Navy, Air Force, Defense Contract Audit Agency (DCAA)), the Intelligence Community (i.e., Central Intelligence Agency (CIA), National Security Agency (NSA), Department of Homeland Security (DHS)), Department of Justice (DOJ), General Services Administration (GSA), National Aeronautics and Space Administration (NASA), National Institutes of Health (NIH), Health and Human Services (HHS), Department of Transportation (DOT), Department of Energy (DOE), Department of Agriculture (USDA), Department of State (DOS), United States Agency for International Development (USAID), the Office of Management and Budget (OMB), the Federal Aviation Administration (FAA), the Department of Veterans Affairs (VA), and the Environmental Protection Agency (EPA). Our team is also able to assist your company with federal manufacturer pricing requirements (FAMP and Non-FAMP) for pharmaceuticals sold to the government via the VA FSS and Prime Vendor contracts.

When investigations are necessary, we have a team of experienced lawyers who conduct internal investigations, collect and review documents, interview witnesses, provide advice on voluntary disclosure of potential procurement issues, and engage in settlement negotiations for the benefit of you and your business.

We can help you identify the unique regulatory compliance risks associated with government contractors in the sale, purchase or restructuring of businesses. We can advise you on anti-assignment prohibitions, novation requirements, backlog valuation, audits and/or investigations, claims or disputes, intellectual property rights, and the requirements for review by the Committee on Foreign Investment in the United States (CFIUS), and Foreign Ownership, Control or Influence (FOCI) mitigation requirements.  

We will advise your company on the application requirements and compliance obligations pertinent to federal grants and loans related to, among others, various DOE ʺgreenʺ manufacturing programs, and research laboratories of the Department of Defense (DOD), Health and Human Services (HHS), the Department of Veterans Affairs (VA) and other agencies. In addition, you can seek counsel on the ownership of intellectual property created using federal funds and compliance with the Bayh-Dole Act, as well as Buy America requirements imposed on various funding programs.

Doing business with a state or local government requires a thorough knowledge of the laws, regulations, and policies that are specific to the particular municipality. Our lawyers are ready and able to help you navigate through the waves of legal complexity associated with winning, protecting, and collecting state and local government awards. We are uniquely positioned to assist you with matters relating to state and local government contracts, because we understand the culture that is embedded within the governmental agencies at these levels. We have routinely conducted state and local-level bid protests, and have negotiated resolutions of large and small contract disputes at both of these levels.

If your business contracts in multiple state (or local) jurisdictions, we ensure that you are ready to file or defend against state protests upon notice of the award by offering a customized service: (1) evaluating and understanding your company’s existing and potential state contracts, (2) tracking such contracts for potential protest/award dates in all relevant jurisdictions, (3) cataloguing the relevant state bid protest rules, procedures and timing for each jurisdiction where you have or seek contracts, and (4) identifying Reed Smith or other local counsel, if necessary, who will enable us to file a timely state or local protest (which often must be done within less than a week from notice of award).

This way, your company will be ready to file or defend a state or local protest wherever and whenever it needs to, without wasting valuable time and resources while the protest clock is ticking.