Related Practices
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Covington represents government contractors of all sizes at the Federal and state level in protest litigation challenging or defending contract award decisions. We also represent clients in pre-award protest litigation concerning the terms of solicitations. At the Federal level, we have substantial experience representing clients at the Government Accountability Office (“GAO”), before the U.S. Court of Federal Claims, and in agency-level protest proceedings. In addition, we provide advice to local government agencies about conducting procurements and minimizing the risk of future protest litigation. We also represent clients in size protests before the Small Business Administration (“SBA”).
Covington assists clients with the preparation of requests for equitable adjustments and claims under the Contract Disputes Act, and follow-on litigation in the boards of contract appeals, the Court of Federal Claims, and the U.S. Court of Appeals for the Federal Circuit. We also represent clients in the litigation and arbitration of commercial disputes related to government contracts.
Representative Matters
- Protest proceedings for a major IT reseller at Court of Federal Claims involving a Department of the Interior enterprise-wide cloud computing procurement.
- Three separate protest cases at the Court of Federal Claims on behalf of major developer involved in Military Housing Privatization Initiative competitions, including week-long trial in one matter and negotiation of complex real estate transaction settlements in two matters, teaming with lawyers in our real estate practice.
- Representing a major IT solutions provider at the GAO in a post-award protest of a DoD procurement, resulting in corrective action by the agency.
- Contract Disputes Act software licensing claim resulting in DoD payment of claimed amount of over $6 million without litigation.
- Breach of contract lawsuit in Court of Federal Claims involving 35 California offshore oil and gas leases -- $1.008 billion award (the largest single judgment in the 150 year history of the Court of Federal Claims), affirmed by the Federal Circuit.
- Contract Disputes Act litigation on behalf of a developer of low income housing, resulting in a breach of contract award of $18 million, affirmed by the Federal Circuit.
- Successful representation of US electronics manufacturer in federal trial and appellate courts against contract claims by foreign sovereign government asserting third-party beneficiary rights under Foreign Military Sales contract; case raises issues of first impression under Contract Disputes Act and Arms Export Control Act.
- Advice to Department of Commerce contractor regarding a claim for repayment of $20 million under the Contract Disputes Act, resulting in a favorable settlement of the matter.
- Successful agency level pre-award protest reversing unduly narrow product specifications in the RFP that would have precluded client’s participation in the procurement opportunity.
- Advice to local government agency about RFP design and contractor selection process, including design scoring, evaluation, selection and debriefing procedures designed to reduce risk of procurement litigation.
- Successful representation of a local government client in an arbitration dispute over the client's contractual obligation to construct a major sports facility.
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