Government Contracts
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Covington represents clients of all sizes doing business with all major federal agencies at the prime and subcontract levels, at all stages of the contracting process, in contracts subject to the Federal Acquisition Regulation (“FAR”) as well as non-FAR contracts. We provide compliance advice and counseling; strategic procurement counseling; assistance with protests, claims, and other litigation; transactional support and negotiation; and legislative support.
Covington helps clients succeed in navigating and understanding their opportunities under the maze of specialized laws and regulations that apply to government contracting. Our Government Contracts Practice Group often collaborates with our lawyers in the corporate, food and drug, white collar, IP, legislative, national security, and international trade areas to arrive at interdisciplinary solutions for our clients. Among other matters, our work includes:
Compliance Counseling and Training: We counsel clients on a wide range of government contracts issues, including: FAR certifications and representations; small business subcontracting; domestic sourcing requirements (Buy American/Trade Agreements Acts/Berry Amendment); foreign sales (FMF and FMS programs, ITAR issues); contractor ethics programs; FSS Price Reduction clause and other GSA Federal Supply Schedule contracting issues; FAR subcontract “flowdown” clauses; IP rights and reporting obligations; and Cost Accounting Standards and Truth in Negotiating Act issues. We also conduct compliance training for legal and business personnel, at all levels of an organization.
Procurement Advice: We assist a wide range of clients with pre-RFP and post-RFP strategic planning, from experienced government contractors seeking to expand their work for, and relationships with, particular buying agencies to commercial companies looking to enter the public sector market.
Protests, Claims, and Other Litigation: We handle bid protest litigation at the GAO, U.S. Court of Federal Claims, and specialized tribunals (e.g. SBA Office of Hearings and Appeals). We assist clients with the preparation of Contract Disputes Act claims, and follow-on litigation in the boards of contract appeals and the courts. We also represent clients in the litigation and arbitration of commercial disputes related to government contracts.
Transactional Work: We engage in due diligence and regulatory advice in corporate transactions, including mergers and acquisitions, involving government contractors. We also have substantial experience evaluating government contract-related risks; negotiating of prime contracts, subcontracts, teaming agreements, and joint venture agreements; and assist clients with novation agreements.
Fraud, Suspension, Debarment: We help contractors investigate and resolve allegations of wrongdoing in connection with a government contract. We also represent contracts in debarment proceedings before federal, state, and local agencies.
Intellectual Property Work: We advise clients on strategies for protecting their intellectual property when dealing with the Government.
Legislative: We represent government contractors facing scrutiny by Congress, and provide advice and legislative support concerning procurement-related legislation and other lobbying efforts.
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