Government Contracting and Compliance
The federal government spends hundreds of billions of dollars each year buying all types of products and services, including commercially-available items as well as those produced or offered to meet the government’s unique needs. The federal government spends a comparable amount funding research projects through grants and other non-procurement contract vehicles. Activities and transactions in this market are governed by a complex regime of federal rules and regulations, agency policies and directives, commercial laws, licenses and IP protections, and accounting requirements. Identifying these requirements, complying with them and mitigating the risks associated with each is incredibly challenging.
Marshall & White specializes in the practice of federal, state, and local procurement, administrative and contract law. We understand the statutes and regulations that govern all levels of public procurement. We also understand how the procurement system operates in the real world — that is, how government officials, program managers and procurement professionals at all agency levels understand and enforce government requirements. From general counsel services that support a client’s overall government business, to more directed support on individual programs, contracts or government issues, to litigation services related to bid protests, claims and defenses against government actions, M&W offers an array of services and approaches to help clients efficiently safeguard their federal businesses while dramatically reducing outside counsel spend.
Many of our clients provide high technology goods and services. Our clients include computer network, storage, chipset and peripheral hardware manufacturers; enterprise and utility software developers and publishers; open source software providers; web service providers; specialty engineering services firms; information technology service providers; military weapons and computer systems integrators; and dealers/distributors of high technology products.
Marshall & White also represents a wide variety of other companies selling products and services to all levels of government (state, local, and federal), including construction management service providers, consultation services firms, training providers, and office equipment manufacturers.
We have helped clients with every stage of the government procurement process, starting with the analysis of the risks associated with entering the government market, and continuing through the issues arising during the solicitation, award, performance, and completion of their government contracts. Our attorneys have helped clients understand, respond to, and where necessary litigate issues and disputes arising in negotiated solicitations. Our staff is knowledgeable and able to assist clients regarding the Service Contract Act; the Buy American Act; the Trade Agreements Act; and the Freedom of Information Act. Furthermore, we assist our clients with a wide range of government contracting matters including:
- GSA Schedule contracting
- Prime contract negotiation
- FSIs, MPAs and subcontract negotiations
- Federal partner programs and small business programs, set asides
- JV requirements and teaming strategies
- Patent, software and data rights requirements under federal law
- Cost reimbursement contracts and CAS accounting
- Contract audits
- Suspension and debarment events
- Termination for convenience claims
- Change orders and excusable delays
- Inspection and acceptance of goods, warranties, and default terminations.
In the compliance space, Marshall & White counsels clients with regard to the complex requirements of government ethical mandates, and the steps they must take and document to satisfy those requirements, including, but not limited to, the following:
- Procurement Integrity requirements
- Truth in Negotiating (including cost / pricing disclosures)
- Prevention/reporting of false claims and false statements
- Restrictions on lobbying and political contributions
- Avoiding conflicts of interests
- Preventing kickbacks, bribes and illegal gratuities
- Employment of former government employees