Government Contracts

Overview

BakerHostetler’s Government Contracts team is composed of more than a dozen experienced government contracts practitioners who provide the full range of government contracts legal counseling and litigation services to clients of all sizes. BakerHostetler’s Government Contracts team advises and represents clients in all areas of public contract law (federal, state and local), providing experience in the areas of bid protests, contract performance disputes, government claims and terminations, false claims and procurement fraud, suspension and debarment, ethics advice and compliance audits, mergers and acquisitions, teaming arrangements, small business, and data rights.

BakerHostetler’s Government Contracts team applies its wealth of experience to guide clients through often-complex government contracting regulations and requirements, providing clients with cost-effective representation that allows them to grow their businesses and increase their presence in the federal, state and local government sectors. BakerHostetler represents domestic and foreign companies of all sizes, including those that are new to, or are considering entering, the government contracts sector. The BakerHostetler Government Contracts team represents clients in numerous industries, including cybersecurity, telecommunications, aerospace and defense, construction and engineering, information technology, life sciences, biodefense and professional services.

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Our team’s practice covers the following areas of public procurement:

Bid Protests

The BakerHostetler Government Contracts team regularly represents contractors in bid protests before the U.S. Government Accountability Office (GAO), the U.S. Court of Federal Claims (COFC), individual federal agencies and various state and local forums.

Contract Administration

Our team regularly counsels clients in the day-to-day administration of government contracts. The team assists clients in understanding solicitation requirements, preparing certifications, complying with contract requirements, negotiating modifications and navigating contract extensions and closeouts.

Contract Claims and Terminations

BakerHostetler’s Government Contracts team regularly represents contractors in connection with monetary claims against government agencies. The team has substantial experience in resolving claims informally through requests for equitable adjustment, and also through dispute resolution proceedings at the U.S. Court of Federal Claims and boards of contract appeals, including the U.S. Civilian Board of Contract Appeals, the U.S. Armed Services Board of Contract Appeals and the U.S. GAO Contract Appeals Board (GAOCAB). In addition to its experience in resolving monetary claims, BakerHostetler’s Government Contracts team also has significant experience in defending contractors against terminations for default.

Intellectual Property and Data Rights

Patents, data rights and other intellectual property rights are among the most valuable assets of market leaders and rising businesses. BakerHostetler’s Government Contracts team works hand in hand with BakerHostetler’s renowned IP Group to help contractors, subcontractors and grant recipients maximize the retention of their IP rights when doing business with the federal government.

Labor and Employment Matters

The federal government has imposed numerous labor- and employment-related requirements on federal government contractors in recent years. BakerHostetler’s Government Contracts team regularly works with the firm’s renowned Labor and Employment Group to counsel clients regarding requirements for affirmative action, the Service Contract Act and the Davis-Bacon Act, among others, and labor-and employment-related regimes applied to government contractors.

Small Business and Socioeconomic Programs

Our Government Contracts team is well-positioned to help large and small businesses navigate the complex rules governing small businesses and small business contracting preferences. Our experience includes helping contractors develop small business subcontracting plans, counseling clients regarding the Small Business Administration’s affiliation rules and helping suppliers understand risks and requirements related to Disadvantaged Business Enterprises. Our experience also includes protesting set-aside decisions before the GAO, and bringing and defending size protests before the SBA’s area offices and Office of Hearings and Appeals.

Teaming Agreements, Joint Ventures and Subcontracting

Our Government Contracts team’s broad experience includes drafting and negotiating teaming, joint venture and subcontract agreements. We also represent both prime contractors and subcontractors in prime-sub disputes.

Commercial Item Contracting

Our Government Contracts team is well-positioned to guide contractors through the myriad regulations and contractual requirements governing schedule contracts, from deciding whether to pursue a Multiple Award Schedule contract to developing MAS proposals to counseling clients on critical schedule requirements, including price reduction obligations and Trade Agreements Act requirements.

Cost Accounting and Audit Issues

Our Government Contracts team regularly assists clients with cost and pricing issues. Our experience includes compliance counseling, audits and defending contractors against cost disallowances.

Contract Fraud, Investigations and Enforcement

Our Government Contracts team is well-positioned to assist clients facing fraud allegations, enforcement actions or federal investigation. The team works hand in hand with BakerHostetler’s White Collar team’s deep bench to identify and prevent violations before they occur, and to act swiftly to minimize the legal, economic and reputational risks associated with civil and criminal fraud liability.

Ethics and Compliance

Our Government Contracts team regularly advises clients on contracting risks and obligations, as well as ethics and compliance issues. Our experience includes helping contractors develop and implement codes of conduct and compliance plans, conducting internal investigations, and providing training directly to contractor employees. This experience includes counseling clients regarding the gift and gratuity rules, Anti-Kickback Act requirements, “revolving door” restrictions and anti-human trafficking requirements. Our risk assessment process includes counseling clients regarding disclosure obligations, preparing disclosures and assessing False Claims Act and other liability.

Suspension and Debarment

BakerHostetler’s Government Contracts team is well-positioned to act swiftly and adeptly to contest a contractor’s proposed suspension or debarment, develop and implement a compliance program, or negotiate an administrative agreement.

Export Controls and Domestic Preferences

BakerHostetler offers an experienced team of attorneys to counsel clients in navigating the relevant regulatory schemes governing the import and export of goods and services and the use of such goods and services under domestic preference regimes, such as the Trade Agreements Act and Buy American Act.

State and Local Government Contracts

Our Government Contracts team regularly advises clients on state and local public contracting issues, and represents clients in disputes, claims and protests related to state and local contracts.

Cybersecurity

BakerHostetler’s Government Contracts team offers an experienced team of attorneys to help clients navigate the ever-expanding list of federal information security requirements applicable to government contracts. Combined with its Privacy and Data Protection team, BakerHostetler is well-positioned to guide contractors through the complexities of cybersecurity requirements, including the Federal Information Security Management Act and National Institute of Standards and Technology Special Publications standards, as well as various agency policies, guidelines and memoranda regarding safeguarding classified and sensitive information.

Select Experience

  • Defended a technology services contractor’s termination for default at the GAOCAB, resulting in the conversion of the termination to a termination for convenience and the resolution of monetary claims against the government.
  • Represented a pharmaceutical contractor in multiple protests at the GAO, challenging the U.S. Department of Veterans Affairs’ decisions to set aside procurements for small business, resulting in a precedent-setting win for contractor.
  • Represented an occupational safety services provider in a pre-award protest at the COFC, resulting in the permanent injunction of a U.S. Occupational Health and Safety Administration solicitation.
  • Counseled clients regarding government contract domestic preference requirements, including the Buy America Act, the Trade Agreements Act and other domestic preference regimes.
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Professionals

Name Title Office Email
Partner Washington, D.C.
Partner Washington, D.C.
Partner Washington, D.C.
Associate New York
Partner Washington, D.C.
Partner Orlando
Partner Washington, D.C.
Associate Washington, D.C.
Partner Cleveland
Partner Cincinnati
Partner Orlando
Partner New York
Partner Washington, D.C.
Partner New York
Partner Washington, D.C.
Partner Orlando

Experience

  • Defended a technology services contractor’s termination for default at the GAOCAB, resulting in the conversion of the termination to a termination for convenience and the resolution of monetary claims against the government.
  • Represented a pharmaceutical contractor in multiple protests at the GAO, challenging the U.S. Department of Veterans Affairs’ decisions to set aside procurements for small business, resulting in a precedent-setting win for contractor.
  • Represented an occupational safety services provider in a pre-award protest at the COFC, resulting in the permanent injunction of a U.S. Occupational Health and Safety Administration solicitation.
  • Counseled clients regarding government contract domestic preference requirements, including the Buy America Act, the Trade Agreements Act and other domestic preference regimes.
  • Conducted investigations and counseled clients in connection with mandatory disclosure obligations.
  • Counseled a large supplier of construction materials in the development and implementation of a Designated Business Enterprise compliance program, which included the development of company procedures and the training of more than 3,000 employees in multiple states.

Recognition

  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)

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