Government Contracts

With over 45 lawyers, we have deep expertise across the full range of regulations relevant to government contractors and grant recipients: We cover the waterfront, from commercial item contracting to IP issues, from AI requirements to labor and employment law, from cost accounting to cybersecurity — and everything in between.

We understand the intricacies associated not just with FAR-based contracting, but also with Other Transaction Agreements (OTAs) and other novel agreement types increasingly being used by the federal government, as well as with grants, cooperative agreements, and other financial assistance agreements, CRADAs, and Space Act agreements. And we have a wealth of experience with state and local contracts and instruments.

We recognize that one size does not fit all. We represent clients in every major industry, and our clients range from mature government contracting businesses to startups, nontraditional defense contractors, and other entities entering the market for the first time. We know the different ecosystems in which our clients operate, and we tailor our legal advice and strategies to address each client’s specific situation and needs.

We combine our deep government contracts expertise with top-notch litigation and advocacy skills to represent clients in all types of government contracts-related disputes. We regularly litigate and win cases that are worth billions of dollars, involve complex technical and legal issues, and require the ability to handle matters of national security. We pride ourselves on developing an overall strategy that accounts for both legal and business considerations and best positions the client to win, and then executing that strategy with focus, perseverance, and compelling advocacy.

In the bid protest arena, we have won protests involving procurements that are collectively worth well more than $100 billion, with extensive experience litigating before the Government Accountability Office (GAO), the Court of Federal Claims, federal agencies, and various state and local tribunals around the country.

• When we represent a protester, we always keep in mind that the client’s goal is not just to win a protest, but to win the contract — and to maintain a constructive relationship with its agency customer.
• When we represent an intervenor, we work closely with the agency, assess the risk associated with the protest, and use all available means to mitigate that risk and defeat the protest.

In every protest we litigate, we identify the best arguments, hone our written and oral presentation to be clear and compelling, and use our expert knowledge of the protest process to best position the client and maximize our chances of winning.

In the government claims arena, we have extensive experience litigating complex Contract Disputes Act claims before the Boards of Contract Appeals and the Court of Federal Claims, including disputes arising out of terminations, constructive changes, delays, defective specifications, cost allowability determinations, defective pricing allegations, and Cost Accounting Standards compliance matters. Our work begins with a thorough evaluation of the underlying facts — drawing on technical, program, contracting, and accounting personnel as needed — to build a strong foundation for both entitlement and quantum. Because our team has exceptional familiarity with Board and Court practice, we understand how these tribunals evaluate the record, weigh arguments, and reach decisions, and we apply that insight to shape the most effective written and oral advocacy.

In the private litigation arena, we represent contractors in lawsuits arising out of the performance of government contracts in federal and state courts across the country. We have unsurpassed experience defending contractors against high-dollar tort claims, and are adept at developing and asserting unique, federal-law based defenses, including the government contractor defense, federal preemption, the political question doctrine, the state secrets doctrine, and derivative sovereign immunity. We also have deep expertise in prime-sub disputes, misappropriation of trade secrets claims, and other civil actions involving government contracts.

In all of these contexts, we bring deep fluency in government contracts law and regulation together with sophisticated, practical litigation judgment to deliver advocacy that is clear, persuasive, and calibrated to the expectations of the relevant tribunal.

We have decades of experience helping contractors navigate complex internal investigations and high-stakes criminal, civil, and administrative enforcement actions and litigation related to public contracting. We marry deep investigation and litigation experience with substantive government contracts regulatory expertise to advise clients on a wide variety of matters, including those involving allegations of procurement or grant fraud and False Claims Act (FCA) violations.

Our lawyers are experienced in conducting internal investigations and, where warranted, assisting clients with preparing disclosures under the FAR’s mandatory disclosure rule and other statutes and regulations requiring disclosure.

We also have decades of experience representing contractors in fraud investigations and have handled some of the most significant and hard-fought investigations and lawsuits under the FCA since the statute’s reinvigoration in 1986, including matters alleging cost mischarging, Cost Accounting Standards and cost allowability violations, quality assurance and testing deficiencies, substandard products, defective pricing, contingency contracting fraud, inadequate subcontractor oversight, subcontractor fraud, Buy America fraud, conflicts of interest, noncompliance with national security requirements, and cybersecurity noncompliance, including matters involving NIST Special Publication 800-171, the FedRAMP program, and its state analogues.

More detail on our work representing clients in FCA investigations and litigation can be found here.

Our team also has deep experience representing contractors in high-stakes suspension and debarment proceedings to ensure their continued eligibility to participate in federal and state programs.

The resources we bring to our clients yield tangible results: We have a long track record of securing government declinations, dismissals, and favorable judgments and settlements for our clients.

Our team includes lawyers who specialize in the cost, accounting, and pricing regulations and statutes governing contractors and grantees.

• Cost Accounting Standards (CAS). We regularly advise clients on the complex questions that arise under all 19 CAS standards. We advise established companies with mature accounting systems and assist new players when they trigger the CAS thresholds. We work closely with the leading cost accountants in the country to provide highly cost-effective, comprehensive, and durable solutions.
• FAR and Uniform Guidance. We advise clients on cost allowability and allocability issues arising under the FAR, agency supplements, and the Uniform Guidance (2 CFR Part 200). We have particular expertise in the types of cost that often lead to disagreement, including legal costs, patent costs, personal services and consultants, depreciation and cost of money, lease costs, fines and penalties, interest costs, insurance, lobbying, inter-company work transfers, and organization costs.
• TINA. We have extensive experience with Truthful Cost or Pricing Data (a/k/a- TINA) requirements, frequently helping address exemption issues, prime-sub issues, fact vs. judgment and estimate issues, sweep and timing issues, pricing impacts, and defective pricing allegations.

We provide cradle-to-grave representation in cost, accounting, and pricing matters, including:

• Providing day-to-day compliance advice, including on forward pricing and incurred cost proposal issues.
• Helping clients respond to Defense Contract Audit Agency (DCAA) and other government audits and investigations.
• Helping clients navigate the dispute negotiation process with Defense Contract Management Agency (DCMA) and other agencies.
• Crafting settlements and advance agreements.
• Litigating cost appeals in the Court of Federal Claims, ASBCA, and Civilian Board of Contract Appeals (CBCA).
• Conducting internal investigations into potential CAS, FAR, or TINA noncompliance and assisting clients in disclosure decisions.
• Responding to government civil and criminal investigations premised on alleged cost, accounting, and pricing noncompliance.

We have deep expertise in cybersecurity and supply chain security issues. We represent major government contractors, technology firms, defense companies, and innovative businesses operating within sectors of critical importance to the government.

Our team has provided strategic cybersecurity and supply chain security counsel across numerous high-stakes government contracts, helping our clients to navigate the stringent compliance standards required by federal cybersecurity mandates. We often collaborate with colleagues in our Chambers Band-1 Privacy & Data Security practice across a wide array of sectors, including aerospace and defense, information technology, cloud services, software development, AI providers, life sciences, and others, reflecting the diverse security needs of organizations serving the government.

Our team is highly skilled in interpreting and applying complex regulatory frameworks such as the Cybersecurity Maturity Model Certification (CMMC), FedRAMP and state GovRAMP requirements, DFARS 7012, the Defense Department’s Cloud Computing Security Requirements Guide (CC SRG) and Impact Levels, NIST Special Publication 800-171, and individual federal and state agency cybersecurity requirements. We have advised on high stakes national security issues affecting both classified and unclassified contracts and systems, including in the areas of information spills, incident response, third party assessments, M&A diligence, contract negotiation, and compliance obligations.

We have a robust cybersecurity fraud investigation practice, which is described in more detail here.

We also provide guidance on supply chain risk management, including Federal Acquisition Security Council Act (FASCSA) orders, exclusion orders under 10 USC 3252, and statutory limitations on particular products and supplies in the government’s supply chain including telecommunications equipment (section 889), semiconductors (section 5949), and printed circuit boards (sections 849 and 851). We help organizations assess and manage risks associated with their suppliers and partners and to address some of the most significant compliance challenges of doing business with the government. We have helped those clients that are the subject of exclusionary orders to advocate for their interests to continue doing business with the federal government and with government partners.

We have a dedicated team who leverage their regulatory expertise to facilitate M&A deals, financings, and other transactions in the government contracts industry. We represent private equity and other investors, major government contractors, and small to midsize businesses in transactions spanning a range of industries that serve the government, from aerospace and defense to technology, life sciences, and industrials.

In the past five years, our team has handled over 200 government contracts M&A deals, with a total value of $40+ billion, including over 50 private equity deals. To highlight just a few of our larger transactions, we represented Advent in its $6.4 billion acquisition of Maxar Technologies, Warburg Pincus and Berkshire Partners in their $3 billion acquisition of Triumph Group, Aptiv in its $4.3 billion acquisition of Wind River, and Veritas Capital in its $1.65 billion sale of Alion to Huntington Ingalls.

With years of experience handling the regulatory aspects of government contracts M&A deals and other transactions, our team brings to bear both regulatory expertise and practical know-how for how comparable deals are playing out in the market. We have a wealth of experience conducting classified and unclassified due diligence, advising on regulatory consents and other approvals, negotiating transaction documents, and securing novation approval. We scale our work to fit the size and nature of the acquisition target and the risk tolerance and objectives of our client.

As a testament to our deep experience in this area, we are routinely called upon to work alongside corporate lawyers from other firms without government contracts expertise to identify and manage regulatory risk and to help facilitate a smooth transaction.