Government Investigations and Enforcement
We leverage the enforcement expertise within McGuireWoods’ nationally recognized
White Collar and Government Investigations Group to offer clients comprehensive
representation on government contract-related investigations and enforcement
actions involving the Department of Justice, agency inspectors general, and
military criminal investigative services.
- Jointly selected by two top defense contractors to defend their
joint venture in a qui tam whistleblower lawsuit alleging $90 million in
over-charging on national security satellite launch service contracts,
resulting in a full resolution and dismissals with prejudice against Air
Force and NRO for a false claims act settlement payment of less than $1 million.
- Resolved a qui tam action with the DOJ and Army relating to testing
certifications on a $250 million telecommunications system in Iraq,
including full and complete resolution with the Army SDO with no
Secured a settlement with DOJ and GSA in a qui tam action relating to
allegations of non-compliance with a federal supply schedule contract.
Investigated the false certification of Buy American Act compliance for
products delivered to DOD customers, to include a voluntary self-disclosure
and negotiated settlement with DOJ.
Successfully defended a top defense contractor in a high-visibility,
congressionally-requested DOD OIG inquiry of alleged improprieties in the
U.S. Air Force space launch competition with no findings of wrongdoing.
Represented a medical services contractor in connection with parallel DOJ
OIG investigations of Federal Bureau of Prisons billings and subcontractor
Assisted a large construction contractor on an SIGAR inquiry involving
alleged bribery and anti-kickback violations by a subcontractor.
Represented a FBOP contractor in a DOJ OIG audit of contract compliance
and performance under a services contract.
Assisted a DOD and NASA subcontractor respond to a DOD OIG audit related
to a commercial item determination and commercial pricing negotiations for
propellant used in national security applications, including discussions
with senior DOD OIG personnel regarding audit conclusions.
Conducted an internal investigation regarding procurement integrity
matters associated with competitor pricing data, including engagement with
government customers, development of firewalls, and remedial actions.
Led an internal investigation involving the treatment of health insurance
premium costs under the Cost Accounting Standards for a large government
contractor, including a mandatory disclosure and discussions with
contracting officials related to remedial actions.
Assisted a GSA schedule information technology contractor with an
internal investigation of various pricing issues.
Conducted internal investigations of alleged bribes and improper gifts
and gratuities involving international subsidiaries of U.S.-based
Assisted multiple federal contractors respond to DOJ criminal inquiries
related to the recruitment, hiring, and work of former government officials.
Successfully advised a federal contractor on presentations to Suspension
and Debarment officials following the conviction and debarment of a senior
corporate executive, avoiding SDO action against the corporation
Bid and Size Protests
Our lawyers understand the importance of challenging flawed agency
solicitations at the earliest stage. We regularly try to resolve potential
disputes over procurements through informal means with the contracting officer
and other source-selection officials, and our team has extensive experience with
protests at procuring agencies and the Government Accountability Office (GAO),
as well as at the U.S. Court of Federal Claims, the Small Business
Administration’s Office of Hearings and Appeals, and state fora.
Represented a small business protesting the award of a task order under a
DHS IDIQ contract, with the agency taking corrective action based on the
awardee’s improper “bait and switch” of proposed key personnel.
Intervened on behalf of a top defense contractor in a GAO bid protest
challenge to an Air Force award valued at more than $500M for the operation
and maintenance of a critical early warning radar system.
Intervened at the GAO to defend the award of a classified IDIQ contract
with a federal intelligence agency with a proposed task order value of $120M
against two simultaneous but separate bid protests.
Represented an IT services contractor in seeking a permanent injunction
against the GSA at the Court of Federal Claims to enjoin the agency from
improperly removing the company from the Alliant contracting vehicle, with
the agency taking corrective action to reverse the proposed off-ramp action.
Represented a leading Afghan national fuel service provider before the
GAO while simultaneously negotiating a reversal of a U.S. Government
installation bar, allowing our client to receive a contract extension while
the agency pursued corrective action.
Defended one of the country’s leading FFRDC’s in a bid protest proceeding
involving various allegations of an organizational conflict of interest and
Represented a defense contractor in a GAO protest of a DOD cyber-forensic
services contract valued at more than $450M, including post-protest
negotiations with the agency and awardee on mutually-agreeable corrective
Defended an Alaska Native-owned 8(a) contractor against a size challenge
and subsequent appeal to the SBA’s Office of Hearings and Appeals on a large
NASA contract against various allegations of improper affiliation, reliance
on non-small or affiliated entities, and non-small status, among other
Successfully defended a small business client against the simultaneous
filings of two separate size protests, a HUBZone protest, and a GAO protest,
protecting two significant contract wins.
Successfully represented a significant healthcare and research company in
a protest in the Commonwealth of Virginia, resulting in the agency’s
cancellation of its intent to award and announcement that it would issue a
re-solicitation of proposals under the terms requested in the protest.
Successfully represented a state service provider in a protest in the
State of Florida relating to the statewide delivery of concessions.
Government Contract Claims and Other
Our attorneys have engaged in significant litigation with defense and
civilian federal agencies, including in matters filed at the Armed Services
Board of Contract Appeals and at the U.S. Court of Federal Claims.
Secured a $50M settlement with the US Army and Department of Justice in
Court of Federal Claims litigation regarding copyright infringement of a
sophisticated logistics software package.
Conducted 3-week trial before ASBCA in a $400M breach of contract case
against the Air Force regarding a space launch services contract.
Successfully negotiated a termination settlement proposal for a major
contractor resulting in a multi-million dollar recovery for the client
without the need for costly litigation.
Successfully resolved a government claim based on a DCAA audit against a
small business client alleging more than $2M in unallowable costs, resulting
in payment to the client of more than $50,000.
Procurement Counseling and Transactional Support
We help clients win government contracts, comply with an extensive array of
regulatory requirements, negotiate teaming agreements and subcontracts, and
defend DCAA audits and other agency inquiries. With several attorneys holding
active clearances, we also regularly advise clients on matters involving
intelligence community platforms and contracts.
Represented large government contractor with multiple operating
subsidiaries in resolving numerous incurred cost audits, including
negotiating the first tolling agreement ever agreed to with the DCMA office
responsible for the negotiations.
Assisted a green energy company establish a government contract
compliance and subcontracting program related to a multi-phase development,
construction, and energy generation contract.
Represented a leading government contractor in the technical,
engineering, intelligence, and enterprise information technology markets in
its $800M acquisition of a preeminent national security firm focused on
classified military and intelligence community programs.
Advised multiple companies contemplating various acquisition and
divestiture options regarding compliance and risk issues for government
contracts and Committee on Foreign Investment in the United States.
Substantial involvement in numerous merger and acquisition deals,
including conducting due diligence, negotiating purchase terms, and advising
on government notification and consent requirements, including deals
involving classified contracts.
Negotiated an advance agreement with DCMA
allowing a client to recover more than $6M in indirect costs previously
questioned by DCAA