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Covington’s experience with the international aspects of government contracts is nearly unparalleled. Not only have we handled some of the most complex claims and investigations related to contracts performed overseas, but we have also been instrumental in working closely with contractors to identify and mitigate special risks for contractors working abroad and to help them to develop competitive, compliant approaches to winning business from the U.S. Government. Our experience crosses Europe, Asia, Africa, Australia, and South America.
We counsel U.S. companies and NGOs performing government contracts and grants in foreign countries on a broad array of issues from contingency contracting requirements to Foreign Military Sales and the specialized regulatory requirements for the U.S. Agency for International Development (“USAID”). We also counsel foreign-based companies in developing ethics and compliance regimes required by the U.S. in contracting with government agencies. To do so, we coordinate with local counsel regarding the laws and regulations pertinent to the foreign customer.
Purchases of U.S. businesses by foreign entities can also raise special problems in the areas of export control and international trade -- two parallel regulatory areas that often present landmines for government contractors performing internationally. To address these issues, including those with the Council on Foreign Investment in the U.S. (“CFIUS”) and various trade controls concerns involving a government contracts dimension, we call upon Chambers-ranked experts in our International Trade practice group.
Covington lawyers also assist foreign governments in developing their procurement regimes by drafting procurement laws and regulations consistent with international best practices.
Representative Matters
- Advised some of the largest overseas contractors in developing worldwide compliance programs, acquiring U.S. subsidiaries, and navigating the regulatory environment to build U.S. government contracts business.
- Advised a large international company on legal issues associated with building power plants on behalf of the U.S. government in Iraq and represented it in a $90 million claim against the U.S. government, settling the case at full value after extensive negotiations with the U.S. Agency for International Development (“USAID”) and the National Security Council.
- Served as lead counsel for a large defense contractor providing advice for overseas contracting, including risk mitigation strategies and coordinating a range of legal issues with local counsel.
- Provided special expertise on opportunities presented by the accession of China, Russia, and India as signatories to the World Trade Organization Government Procurement Agreement.
- Represented a large foreign construction contractor in all matters related to building the U.S. Embassy in Baghdad, Iraq.
- Representation of several construction contractors building U.S. Embassies and military facilities overseas in negotiating contract terms, claims, and termination issues.
- Survey of contract risks and strategic advice for risk mitigation at the prime contract, subcontract, and internal compliance levels for a contractor under a $7 billion USAID multiyear cost-reimbursement contract for the worldwide distribution of health supplies.
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