Davis Wright Tremaine’s government contracts counseling and litigation group offers a full range of legal services to companies involved in providing goods or services through public procurement systems. Our team has deep expertise and experience guiding clients through the complex regulatory structure that controls the Government contracting process. We seek to understand and be a long-term partner in our clients’ Government contracts business goals, and we recognize that legal guidance must be tempered with an understanding of the company’s overall business objectives. As such, our team provides counsel across a full spectrum of issues and matters – from government contract formation and administration, to proposal review and contract performance disputes, to highly complex and/or sensitive internal investigations, to multi-million dollar contract claim prosecution and litigation. We have niche expertise representing Alaska native corporations and their subsidiaries in all aspects of government contracts from counseling and compliance to claims and litigation.
FULL SERVICE CAPABILITIES
Davis Wright Tremaine’s government contracts counseling and litigation group regularly advises prime and subcontractors on administration, bidding, contract negotiation and formation, mergers and acquisitions, Federal Acquisition Regulations (FARs) and Defense Federal Acquisition Regulation Supplement (DFARs) compliance, REA’s, claims, dispute resolution, procurement ethics, internal investigations and mandatory disclosure and Small Business Administration (SBA) laws and regulations regarding its programs, including those specific to Alaska Native Corporations. We also counsel our clients with regard to DCAA, DCMA and National Industrial Security Program (NIPSOM) compliance and audit requirements. We work closely with clients to manage risk by conducting corporate compliance reviews, in–house training programs and internal investigations. We regularly represent clients in the U.S. Court of Federal Claims (COFC), the U.S. Court of Appeals for the Federal Circuit, Boards of Contract Appeals, agency hearings, arbitration panels and various state or local tribunals in connection with claims and performance disputes, bid protests, SBA size and status protests and civil fraud under the False Claims Act and Anti-Kickback Act.
Traditional government contracts matters often intersect with other specialized areas of practice such as labor and employment, benefits, corporate governance, tax, intellectual property, environmental, export controls or white collar crime. As a full-service firm, we work closely with our energy, environmental, construction, health care, hospitality, insurance, land use, real estate, and telecommunications attorneys as needed throughout the process, ensuring that our clients’ interactions with the government during the contracting process are positive.
Our services include:
- Proposal review
- Pre-award negotiations
- Bid protests
- REA, certified claims and terminations
- Litigation before Boards of Contract Appeals and Court of Federal Claims
- Appeals before Federal Circuit
- Suspension and debarment
- Compliance & internal investigations
- False Claims Act litigation
- Procurement fraud & investigations
- Records compliance & audit review
- Audit response and compliance: DCAA, GAO and agency Inspector Generals
- Alaska Native Corporations Corporate Governance
- Small Business Administration eligibility and partnering, joint venture and minority/disadvantaged contracting and subcontracting programs including 8(a) advice & counseling
- SBA size protests
- International government contracting & projects
- Service contracting
- Subcontractor pass-through claims
- Insourcing claims
- Regulatory Compliance & Counseling (FARs, DFARs, FAPISS)
- Data privacy requirements in federal contracts
- Protection of technical data and intellectual property in federal contracting
- Truth in Negotiations Act (TINA) and defective pricing
- National Industrial Security Program Operating Manual (NISPOM) compliance counseling
- Buy America Act, Trade Agreements Act compliance requirements advice and counseling
- Acquisition of government contractors & government contracting due diligence
INDUSTRY AND SUBSTANTIVE FOCUS AREAS
Just some of our primary industries and substantive focus areas – as well as relevant experience – include:Alaska Native Corporations.
Among our team’s most notable sub-specialty expertise is our representation of Alaska Native Corporations (ANCs) and other Alaska-based government contractors. The attorneys in our Anchorage, Seattle and Portland offices have significant experience with and a unique understanding of the complex, challenging and constantly-changing state and federal small business rules and regulations that affect ANCs and other SBA-certified business in Alaska. Our attorneys are recognized leaders in these markets. We regularly confer with the ANC’s and other Alaska-based clients on corporate formation and structure to ensure they remain both compliant and competitive structures; we represent our clients in SBA size protests; we prosecute and defend our clients in bid protests before the GAO, the COFC and the Federal Aviation Administration; we perform internal investigations and offer advice on mandatory disclosure; and, when necessary, we litigate – preparing REAs and prosecuting claims for our clients before state and federal courts, administrative bodies and Boards of Contract Appeals. We have longstanding relationships with contracting officials within the Alaska state procurement offices and we can represent our clients in state procurement matters.
Technology & Cybersecurity. We represent subcontractors who provide technology to the Department of Defense. We are experienced in licensing agreements aimed at protecting contractor intellectual property, NISPOM, and cyber-security. We also advise and counsel clients on their safeguarding, reporting, compliance and related obligations under DFARS 252.204-7012 and related provisions of the DoD Interim Rule.
Government Audits & Investigations. Our government controversies and investigations lawyers work in fraud investigations, matters related to government billing, as well as in licensing proceedings and internal investigations. Using our experience in both civil and criminal litigation, we have represented clients in concurrent criminal, civil, and administrative "parallel proceedings." We have negotiated "global" dispositions of serious matters involving multiple government agencies and multiple civil and criminal enforcement proceedings.
Policymaking. We counsel clients on government contract issues regarding policymaking, including the analysis of proposed regulations with the preparation of rulemaking comments, preparing Congressional testimony, representing clients on indemnification matters for ultra-hazardous or nuclear activities and Foreign Ownership, Control or Influence (FOCI) requirements.
Energy. We represent clients in all phases of development and construction of trenchless projects. Our services include risk review and assessment, contract preparation (geotechnical, specification, bidding/qualifications), bidding, procurement, and dispute resolution.
Construction. We also advise and represent clients in connection with water, wastewater, open cut projects, treatment and pump station facilities, hydro and dam projects, heavy civil, port, international infrastructure projects, and other civil infrastructure, design, and construction work.
Manufacturing. We represent manufacturers of all types of products supplied to the government, including weapons, construction and supply products, construction materials, and other products.
Environmental Clean-Up. We represent clients involved in large maintenance and remedial projects, including radioactive waste clean-up and management, and transportation of hazardous waste materials. We also represent environmental services and construction management companies in a variety of government contracts counseling and pre-litigation work.
Mergers and Acquisitions. Mergers and acquisitions of companies engaged in Government contracting present challenges beyond those typically encountered in commercial mergers and acquisitions. We utilize our deep Government contracts experience and expertise to help our clients minimize risk and maximize value in such transactions. This includes comprehensive due diligence reviews; advice and counseling on Government contract compliance and performance issues, and; guidance through the novation process. We also assist with negotiation of terms in the underlying transaction, address subcontracting issues, and draft transaction documents to ensure compliance with applicable Government contract laws and regulations.