Government Contracts

Growing government business requires intimate knowledge of complex government regulations as well as a broad understanding of public procurement strategy. McGuireWoods’ government contracts attorneys untangle and guide you through the government’s web of requirements. We also advocate relentlessly for clients facing disputes with the government and competitors.

Our team has substantial operational experience, current TS/SCI security clearances and the legal know-how to efficiently achieve the best results for you. Our experience includes creating work statements and pricing, establishing teaming and joint ventures, negotiating contracts, handling when and how to protest bids and awards, conducting fraud claims investigations, complying with labor requirements, dealing with potential suspensions and debarments, and, if necessary, seeing you through litigation.

Using a team approach, the McGuireWoods government contracts team can efficiently and effectively assist clients in growing and protecting their government business, including:

Contract Formation, Administration and Compliance

We counsel clients on the opportunities and pitfalls in the procurement process, beginning with strategic assessments of particular contract opportunities. After contract award, we help our clients perform audits and establish procedures to ensure compliance with the numerous certification requirements regarding pricing, procurement integrity and environmental and employment regulations. Our lawyers also advise clients on dealing with international trade compliance, and with the Foreign Military Sales and Foreign Military Financing programs.

Bid Protests

We know the importance of challenging flawed agency solicitations at the earliest possible stage in order to preserve your rights as a contractor. We try to resolve potential disputes over procurements through informal means with the contracting officer or other source-selection officials. However, if our client is not selected for a contract award, or its award is protested by another bidder or offeror, we can move with the speed required to file or intervene in a protest with the procuring agency or Government Accountability Office (GAO), or to seek or respond to a preliminary injunction motion in the U.S. Court of Federal Claims. Our attorneys have proven records of success in these forums and also have experience arguing appeals in the U.S. Court of Appeals for the Federal Circuit.

Litigation

In addition to litigating claims and bid protests before the Court of Federal Claims and GAO, we represent our clients in arbitrations and in federal district court or state court suits between prime contractors and subcontractors, or between higher-tier and lower-tier subcontractors. We use mediation, early neutral evaluation, arbitration and other alternative dispute resolution (ADR) procedures to resolve disagreements with contracting agencies or other contractors in a results-oriented and cost-effective fashion.

Joint Ventures and Teaming Arrangements

Even the largest contractors often need to partner with other contractors to pool resources and share risks. We counsel clients on issues such as whether to enter a teaming arrangement or form a joint venture, and help navigate the antitrust and tax considerations involved in forming, operating and dissolving teams and joint ventures. Our attorneys regularly draft, review and negotiate subcontracts. We also handle disputes with other team or joint venture members when disagreements over performance or dissolution lead to arbitrations or suits in state court or federal district court.

Mergers and Acquisitions

We help clients identify through due diligence the unique risks that arise in the purchase, sale or reorganization of government contractors, such as anti-assignment prohibitions, novation requirements, valuation of the company’s backlog, past or present audits or investigations, past or present changes, claims or disputes, failure to protect intellectual property rights, and restrictions on foreign ownership and control (FOCI) that may require approval from notice to the Committee on Foreign Investment in the United States (CFIUS). If the government entity at issue holds any classified contracts, we can prepare the FOCI documents required by the federal government.

Labor and Employment

Government contractors are subject to unique labor and employment requirements. We counsel clients on compliance with the Department of Labor’s equal opportunity and affirmative action requirements under Executive Order 11246, the Rehabilitation Act of 1973 and the Vietnam Veterans Readjustment Assistance Act of 1974. We also help clients prepare written affirmative action plans that will pass muster with an Office of Federal Contract Compliance Programs (OFCCP) audit or investigation. In addition, we advise clients on best practices regarding the U.S. Department of Labor’s workplace and labor standards such as the Walsh-Healey Act, the Davis-Bacon Act, the Service Contract Act and the Contract Work Hours and Safety Standards Act.

Intellectual Property

We understand the need for contractors to protect their intellectual property when entering into contracts with the government. We help our clients institute business practices that will guard against granting the government unlimited rights in intellectual property that was not developed at government expense. We prepare and review intellectual property and software license agreements to ensure that contractors’ data, patent, copyright and other intellectual property rights are properly protected. We also represent our clients in court when they need to enforce their existing intellectual property rights.

Socio-Economic Concerns

We counsel federal government contractors who are required to submit detailed subcontracting plans, by drawing upon our experience advising small, small-disadvantaged and women-owned contractors on their eligibility for award of set-asides and government preferences pursuant to Small Business Administration (SBA) regulations. We also counsel clients on other socio-economic considerations, such as compliance with the Buy American Act and the Javits-Wagner-O’Day Act.

Claims and Requests for Equitable Adjustment

We help clients negotiate with contracting agencies over out-of-scope work and other changed conditions that can result in unexpected costs. If negotiations do not resolve disputes, we prepare certified claims, requests for equitable adjustment, settlement claims for terminations for convenience, and other relief authorized by the Contract Disputes Act. When contracting officers deny relief in final decisions, we pursue claims in the boards of contract appeals, in the U.S. Court of Federal Claims and in the U.S. Court of Appeals for the Federal Circuit. We also defend clients against termination for default claims by the government.

Fraud Investigations and Qui Tam Suits

We advise clients regarding the unique ethical obligations of federal government contractors, such as preventing kickbacks, bribery and illegal gratuities, product substitution, false claims and false statements, and organizational conflicts of interest, as well as the need to comply with lobbying restrictions and procurement integrity principles. We assist clients in drafting codes of conduct and compliance policies, and in structuring corporate compliance programs to educate all of their employees about the added level of scrutiny applied to business dealings with the government.

Upon request, we will conduct an internal investigation to address concerns in advance of any government knowledge, so that our clients stay ahead of possible problems. We also prepare responses to subpoenas and investigations by congressional committees, agency inspector generals and the Department of Justice, regarding civil or criminal violations of the False Claims Act or other fraud statutes, such as the Major Fraud Act. We attempt to persuade investigators not to pursue a matter, but if an audit or investigation goes forward, our lawyers are prepared to represent the client in congressional hearings, grand jury investigations, plea-bargaining sessions and all phases of litigation, including trial and appeal.

Suspensions and Debarments

A suspension or debarment can cripple a company that sells goods or services to the government. In suspension and debarment proceedings, we negotiate with the agency to advocate the present responsibility of our clients and minimize the impact on other corporate affiliates or divisions. We also bring world-class litigation experience to bear in seeking judicial review of the suspension or debarment in federal court.

Local and State Agency Representation

We assist state and local procurement authorities in developing and implementing policy in accordance with statutory requirements. Our lawyers regularly represent government and quasi-government entities in both administrative and judicial litigation matters. Bringing together experience in state procurement law and complex civil litigation, we provide government authorities with comprehensive solutions to the myriad of legal problems that arise during the procurement process.

Government Contracts

CONTACTS

Todd R. Steggerda Partner T: +1 202 857 2477
Ronald L. Fouse Partner T: +1 202 857 1719
Christian B. Nagel Senior Counsel T: +1 703 712 5470

OVERVIEW

PDF Overview 

Download a PDF copy of our practice brochure.

Results 1-20 of 30
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Representative Matter

Fortune 200 bank

Performed research and analysis across 50 states to identify both E911 compliance and professional voice locations that need to comply with E911 legislation.
Representative Matter

Protested a Government Award

Protested a government award for a $40M logistics and support services contract.
Representative Matter

One of the largest producers and transporters of energy in the United States

Negotiated the contract for the purchase of the electric distribution system at Henderson Hall, Arlington, Virginia and its proposed 50-year service on behalf of a power and energy company with the U.S. Army.
Representative Matter

Energy company

Drafted the government contractors hand book for providing foods and services to the government.
Representative Matter

One of the largest producers and transporters of energy in the United States

Negotiated the second phase of a $190M offshore wind electric generation research and development project to be located along the Continental Shelf off the coast of Virginia Beach, Virginia.
Representative Matter

Energy company

Protested the improper award to the Defense Logistics Agency of electricity generation and delivery to Pennsylvania, New Jersey and Maryland.
Representative Matter

Barclays

Representation of Barclays as financial advisor to Force Protection in its $360 million litigated sale to a leading aerospace and defense company.
Representative Matter

Energy company

Negotiated the cooperative research and development agreement for the development of geothermal electricity production on the military base at Aberdeen Proving Ground, Aberdeen, Maryland.
Representative Matter

Back Office Support for Classified Services.

Assisted a new company, formed when a large government services company spun off from its parent company, in setting up an entire outsourced IT system, including ERP systems, data hosting, help desk support and all telecommunications.
Representative Matter

Bid Protests

Prompted Department of Veterans Affairs to conduct a new competition in response to a bid protest filed with Government Accountability Office (GAO) for a healthcare products manufacturer.
Representative Matter

Bid Protests

Led a bid protest effort on behalf of an air traffic control manufacturer by successfully protesting a multiyear award to the client’s competitor, initiating recovery of attorney fees pursuant to federal law and overturning more than a decade of anti-competitive procurement activity by the FAA.
Representative Matter

Compliance.

Counseled a client through corporate restructuring and successful implementation of a comprehensive ethics program in response to government investigation.
Representative Matter

DCAA Audit

Represented a contractor in responding to an investigation by the inspector general of the Department of Defense and to a DCAA audit.
Representative Matter

Defense Company Sale.

Handled the sale of a wholly owned subsidiary of a government contractor, and advised the new owner on compliance with applicable regulations.
Representative Matter

Dispute Resolution

Defended a contractor performing work in Iraq who was threatened with default. We successfully negotiated the recovery of all compensation due under the contract as well as a satisfactory performance rating for future procurements.
Representative Matter

Export Licenses

Advised an information technology equipment manufacturer regarding obtaining and complying with export licenses.
Representative Matter

Intelligence Company Purchase.

Represented a midmarket intelligence government contractor in the acquisition of the employees, novated contracts and assets for a line of business.
Representative Matter

Joint Venture.

Advised a major defense contractor in forming a joint venture to compete for a large research and development contract.
Representative Matter

Security Compliance

Security Compliance. Guided a top-tier telecommunications company through a complex technology and security regulatory compliance program.
Representative Matter

Suspension and Debarment.

Negotiated with Department of Defense suspension and debarment officials the termination of a proposed debarment for the former employee of a major government contractor.
Results 1-20 of 30
Mike Adams Michael J. Adams
Partner - Not admitted in North Carolina, motion for admission in North Carolina pending; admitted in Virginia
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

1750 Tysons Boulevard
Suite 1800
Tysons, VA 22102-4215

T: +1 704 373 8847
F: +1 704 444 8747
vCard

T:+1 703 712 5135
F: +1 704 444 8747

Brian D Barger Brian D. Barger
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2072
F: +1 704 343 2300
vCard
Edwin Childs Edwin O. Childs Jr.
Associate
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1723
F: +1 202 828 2974
vCard
Dave Dargatis David G. Dargatis
Senior Counsel
1750 Tysons Boulevard
Suite 1800
Tysons, VA 22102-4215

T: +1 703 712 5080
F: +1 703 712 5050
vCard
William Doyle William E. Doyle Jr.
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 919 755 6690
F: +1 919 755 6602
vCard
Ron Fouse Ronald L. Fouse
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1719
F: +1 202 828 2987
vCard
David L Greenspan David L. Greenspan
Partner
1750 Tysons Boulevard
Suite 1800
Tysons, VA 22102-4215

T: +1 703 712 5096
F: +1 703 712 5214
vCard
Craig R Haughton Craig R. Haughton
Associate
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5612
F: +1 212 715 2318
vCard
Jakarra J Jones Jakarra J. Jones
Associate
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1132
F: +1 804 698 2054
vCard
Clare McGovern Clare M. Lewis
Associate
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2530
F: +1 434 980 2256
vCard
Chris Nagel Christian B. Nagel
Senior Counsel
1750 Tysons Boulevard
Suite 1800
Tysons, VA 22102-4215

T: +1 703 712 5470
F: +1 703 712 5185
vCard
Anand V Ramana Anand V. Ramana
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1734
F: +1 202 828 2973
vCard
Stephen W Robinson Stephen W. Robinson
Partner
1750 Tysons Boulevard
Suite 1800
Tysons, VA 22102-4215

T: +1 703 712 5469
F: +1 703 712 5258
vCard
J. Patrick Rowan J. Patrick Rowan
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1758
F: +1 202 828 3304
vCard
Nicholas D SanFilippo Nicholas D. SanFilippo
Associate
1750 Tysons Boulevard
Suite 1800
Tysons, VA 22102-4215

T: +1 703 712 5378
F: +1 703 712 5220
vCard
Todd Steggerda Todd R. Steggerda
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 2477
F: +1 202 828 2968
vCard
Lorna J Tang Lorna J. Tang
Counsel
1750 Tysons Boulevard
Suite 1800
Tysons, VA 22102-4215

T: +1 703 712 5416
F: +1 703 712 5184
vCard
Results 1-2 of 2
Event

Compliance in the Real World

A Practical Discussion About Today’s Top Issues

May 17, 2017
Chicago, IL
Results 1-2 of 2
Results 1-20 of 47
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Legal Alert

Government Response to Increasing Cyber Threats

Password Protected
September 12, 2017
Legal Alert

Effective November 3, 2016: Final DoD Cyber Incident Reporting Rule

Password Protected
October 26, 2016
Legal Alert

Planning for a Government Shutdown

September 24, 2015
Results 1-20 of 47