Government Contracts

Public Business


Government contracting in today’s marketplace presents both great opportunities and challenges. Public sector customers rely on contractors more than ever, but contractors face heightened risks presented by an increasingly competitive landscape, ever-changing regulations, and aggressive enforcement. Blank Rome’s government contracts practice provides the resources, expertise, and client-focused service necessary to help contractors successfully navigate these risks and achieve their business objectives.

Our Practice
Blank Rome maintains a nationally recognized, full-service government contracts practice that represents contractors in all aspects of federal, state, and local procurement law—from contract formation through close-out. Our clients span the industry, from companies new to the public sector to those in the Fortune 500, and include leaders in the defense, professional services, information technology, maritime, aviation, healthcare, energy, and construction sectors.

Our practice is widely recognized for our success in helping contractors resolve their most significant government contracts matters, including bid protests, claims, dispute resolution and litigation, government audits and investigations, False Claims Act (“FCA”) cases, mandatory disclosure issues, suspension and debarment, small business programs, and complex regulatory matters.

Our People
Our team is the foundation for our success with more than 20 attorneys focused exclusively on government contracts law and litigation. We pride ourselves on our responsiveness, efficiency, collaboration, and client service.

We are able to achieve results on our clients’ most complex government contracts matters due to our experience, teamwork, and deep bench of dedicated professionals. Our team brings a diverse mix of expertise, and includes recognized leaders in the government contracts bar, former agency trial attorneys, Assistant U.S. Attorneys, and in-house counsel.

To help address the often multidisciplinary aspects of government contracts matters, we work closely with the Firm’s complementary national practices, including mergers & acquisitions, maritime, insurance coverage, government relations, and white collar defense & investigations. Our approach focuses on bringing the right resources and expertise to resolve our clients’ issues, whether it be advising on a new regulatory development or guiding a client through a bet-the-company government investigation.

Our services include:

Bid Protests

Blank Romes government contracts practitioners have extensive experience in bid protests before the Government Accountability Office (GAO”) and the Court of Federal Claims. In addition to representing disappointed bidders who allege violations of the procurement regulations in the Federal Acquisition Regulation (FAR”), the Firm also represents parties who wish to intervene in protests to protect contract awards that are subject to a protest. Our attorneys have extensive experience successfully representing protestors in a variety of pre-award and post-award bid protests, as well as size protests with the SBA, agency level protests, and protests to state governments and agencies or other federal agencies not governed by the FAR.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

Contracts Disputes

Throughout the life of a government contract, disputes can arise on a variety of issues including: contractor and subcontractor claims, defective pricing, cost disallowances, default terminations and terminations for convenience, time extensions, constructive changes, suspension of work, differing site conditions, acceleration, excusable delay, contract interference, government-caused delay, and defective data packages and specifications. Blank Romes attorneys negotiate and resolve contractual disputes both informally and through structured Alternative Dispute Resolution (ADR”) procedures. When these methods fail, Blank Romes attorneys also have extensive experience litigating disputes before the Armed Services and Civilian Boards of Contract Appeals, the Court of Federal Claims, the United States District Courts, and the Federal Circuit. Our litigation approach is tailored based upon client needs and direction to help achieve effective resolution of contractual disputes in the most economical fashion.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

Corporate Issues, Mergers & Acquisitions and Due Diligence

Whether acquiring another concern or being acquired, Government Contractors face unique issues and risks that require knowledgeable attorneys in the applicable statutory and regulatory requirements and restrictions. Blank Romes Government Contract attorneys have extensive experience counseling clients on all phases of Government Contractor acquisitions, with a specific focus on due diligence issues exclusive to business doing business with the United States and foreign governments. In appropriate cases, we represent clients before the Committee on Foreign Investment in the United States (CFIUS), and assist clients with meeting defense security requirements required by the Defense Security Service (DSS) to mitigate Foreign Ownership, Control and Influence (FOCI).

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

Defense Industry Cybersecurity Issues

Whether it’s complying with the myriad of emerging and ever-changing government regulations, preparing for and responding to cyber attacks, satisfying contracting officers and auditors, or meeting the data security requirements of your business partners, Blank Rome has the experience necessary to successfully advise our government contractor clients on all facets of cybersecurity. Blank Rome’s multidisciplinary team of cyber-savvy attorneys assists our clients in attaining compliance with all security requirements in applicable National Institute of Standards and Technology (NIST) Special Publications to protect Unclassified Controlled Technical Information (UCTI), Covered Defense Information (CDI), export controlled information, and trade secrets. Importantly, we offer a privileged relationship through which our clients can identify and manage all of their security risks, protect their digital assets, quickly respond to cyber threats, and determine whether mandatory reporting of cyber incidents to the government is required. Cybersecurity is a crucial compliance element for all government contractors; non-compliance with applicable regulations can result in non-responsibility determinations, contract terminations, and even False Claims Act liability. Blank Rome attorneys assist our clients with adopting robust cybersecurity and data privacy policies to protect companies and their data, customers, shareholders, and reputations from the ever-increasing threats posed by the 21st century economy.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

Domestic Preferences

Procurements by the United States Government often contain preferences for “domestic” products, including those imposed by the Buy American Act, the Free Trade Agreements and the Trade Agreements Act. These regulatory requirements enforce a wide range of definitions of what constitutes a domestic product for qualification purposes. Compliance with the applicable requirements of each procurement is vital to ensure your business submits a responsive and technically acceptable bid or proposal, and avoid the significant liability that can result for failure to comply. Blank Rome’s Government Contract attorneys can assist your business with analyzing the applicable

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

Employment Issues in Government Contracting

Government Contractors must contend with several unique employment law issues. For example, on certain contracts, special wage and hour rules apply under the Service Contract Act or the Davis Bacon Act. Additionally, government contractors are often subject to compliance with Federal antidiscrimination statutes regardless of their size, and must comply with affirmative action provisions in federal contracts. Blank Rome’s Government Contract attorneys counsel clients in all aspects of compliance with these unique issues, and monitor developments at the Office of Federal Contract Compliance Programs in order to help clients stay abreast of the latest developments in these areas.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

Ethics Compliance Advice, Audits and Plans

Government contractors are subject to a wide range of ethics rules that cover topics as diverse as anti-lobbying and gift giving, to the hiring of former government officials and conflicts of interest. The Firm’s attorneys specialize in advising clients on the avoidance of ethics issues through the development of internal policies, controls and compliance mechanisms, and by assisting with the development and conduct of training to address specific issues as necessary. Additionally, when problems arise, the Firm’s attorneys are experienced in successfully resolving issues by serving as a liaison with the government to develop mitigation plans and strategies, and to aid clients in implementing corrective action.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

Expeditionary & Contingency Contracting

Contingency contracting encompasses all contracting performed in a contingency environment, including military operations, stability operations, natural disasters, humanitarian, and other calamitous events. In these situations, the government is often given flexibility to deviate from the usual rules governing competition and administration of contracts. Blank Rome’s attorneys have experience advising clients holding contingency contracts. We advise clients on the applicable contract and competition rules depending on the particular contingency, and we assist clients in complying with any special requirements that arise in contingency situations.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

Export Controls, Buy America Act, ITAR, CFIUS, EAC, OFAC, and the Trade Agreement Act

Doing business in foreign countries can bring great benefits, but also presents great risks to those not prepared to navigate the complex regulatory regimes in place to related to the export of goods, services, and technology. Blank Rome’s Government Contract attorneys are well-versed in dealing with all regulatory offices involved with export controls, including the Directorate of Defense Trade Controls, the Bureau of Industry and Security, and the Office of Foreign Assets Control. With the ongoing Export Control Reform initiatives of the Obama Administration, keeping apprised of the latest regulatory changes and guidance, and conforming your businesses’ compliance policies and procedures are up-to-date, is more necessary than ever to avoid potential pitfalls and liabilities. Our services include working with clients to draft compliance policies and procedures, conduct export compliance training and internal compliance audits, obtain commodity jurisdiction determinations, product classifications, export licenses, and, if necessary, file voluntary disclosures of export violations.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

False Claims Act & Procurement Fraud

Litigation related to the False Claims Act and procurement fraud is on the rise. There is an increasing legislative focus on strengthening the False Claims Act, and with bringing more conduct within the scope of the Act in order to help the Federal Government prosecute conduct that it deems undesirable. Blank Rome’s attorneys focus on helping clients to avoid False Claims Act problems through the implementation of proper compliance and business ethics policies, and through targeted audits to identify, eliminate and mitigate problems through disclosures under the Mandatory Disclosure Rule. When government contractors find themselves in trouble, Blank Rome’s attorneys also have experience representing companies in False Claims Act and procurement fraud litigation.

Please click here to visit Blank Rome’s main False Claims Act Defense & Investigations page.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

Federal Grants

Blank Romes attorneys counsel grant applicants on federal grant applications and compliance. The Firm assists in the preparation of grant applications, presentations, and in overall regulatory compliance. The Firm provides training and policies and procures on grant administrations, and also defends grant audits and Inspector General investigations.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

Foreign Corrupt Practice Act (“FCPA”)

In today’s global economy, companies must know how to evaluate risks and navigate the opportunities that arise while forging business alliances throughout the world. Blank Rome attorneys have counseled many companies—U.S. and European, their foreign affiliates, and individuals—on the scope, meaning, and application of the FCPA, UK Bribery Act, and other related laws. The concerns that surround conducting business internationally are heightened given the presence of corruption in many markets outside Europe and the United States, the enhanced resources that are in place to govern the global marketplace, and the increased oversight and regulations that have been put in place by the U.S. Government, the international communities, and some other countries. Blank Rome’s attorneys regularly advise Government Contractors about compliance with the FCPA.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

Government Claims & Terminations

Blank Rome’s attorneys represent clients facing claims asserted by the government in audits or litigation. These types of claims can include disputes concerning cost accounting standards and allowable costs, back charges or liquidated damages for delay, and compliance with applicable wage and hour laws. Blank Rome’s attorneys help contractors to resolve these types of disputes with the government through informal methods, or through litigation as necessary. Additionally, the Firm’s attorneys represent clients in resisting termination for default, or in settling claims stemming from a termination for convenience though a termination settlement agreement.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

GSA Schedule and Commercial Item Contracts

Throughout the life of a government contract, disputes can arise on a variety of issues including: contractor and subcontractor claims, defective pricing, cost disallowances, default terminations and terminations for convenience, time extensions, constructive changes, suspension of work, differing site conditions, acceleration, excusable delay, contract interference, government-caused delay, and defective data packages and specifications. Blank Rome’s attorneys negotiate and resolve contractual disputes both informally and through structured Alternative Dispute Resolution (ADR”) procedures. When these methods fail, Blank Rome’s attorneys also have extensive experience litigating disputes before the Armed Services and Civilian Boards of Contract Appeals, the Court of Federal Claims, the United States District Courts, and the Federal Circuit. Our litigation approach is tailored based upon client needs and direction to help achieve effective resolution of contractual disputes in the most economical fashion.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

Health Care Contracting

The Firm represents service and equipment providers in the health care industry. We provide advice on contract acquisition strategies, heath care service contracts, information technology contracting, diagnostic imaging and many related areas.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

Schedule Contracting

The Firm advises contractors on all aspects of Schedule contracting. We counsel on initial decisions to participate in Schedule acquisitions, establishing administrative infrastructure and legal issues raised by proposal terms and conditions. We support all aspects of compliance including issues under Most Favored Customer and Price Reductions Clause, the Trade Agreements Act, Small Business Subcontracting, Labor Standards, Non-Manufacturer Rule issues and others. The Firm counsels on schedule audit defenses and mandatory disclosure issues arising out of noncompliances.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

Small Business Subcontracting

The Firm counsels large and small businesses in the areas of teaming, joint venture structuring, compliance with the Limitations on Subcontracting Clauses, Mentor-Protégé arrangements and compliance with Small Business Act Regulations. The Firm prosecutes size protests and appeals before the SBA Office of Hearings and Appeals bid protests before GAO involving size related issues. The Firm counsels on compliance with the SBA Section 8(a) regulatory program, the SBA Community Development Corporation 8(a) program, and small business subcontracting plan compliance. The Firm represents a number of Alaskan Native Corporations operating under the special SBA regulations dedicated to Alaskan Native owned firms.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

State & Local Government Procurements

State and local government procurements present a vast and complex array of constantly evolving government regulatory requirements. Underlying these regulations are the common goals of providing taxpayers with the best value and preserving public integrity in the procurement process. Blank Rome’s Government Contract attorneys are experienced in analyzing the unique features of procurements codes in state and local jurisdictions throughout the country, and can provide your business with the expert advice required to ensure compliance, reduce liability, and resolve disputes.

Contact:

Scott Arnold
Justin Chiarado
Richard Conway
Merle DeLancey
Brian Gocial
Jeffrey Johnson
Albert Krachman
Keith Letourneau
George Medved
David Nadler
Adam Proujansky
Steven Roman
T. Malcolm Sandilands
Matthew Thomas
Jason Wallach
David Yang

Our Successes

  • Successfully defended the award of a $6.7 billion production contract to a major defense manufacturer in the Army’s Joint Light Tactical Vehicle Program, the largest tactical wheeled vehicle procurement in Army history. Our win followed extensive proceedings before both the GAO and Court of Federal Claims.
  • Successfully protested the exclusion of a leading global services provider from a competition for a $10 billion, 10-year Department of State procurement to support law enforcement and counter-narcotics activities across several continents.
  • Helped secure a contract award for a leading specialized engineering, scientific, and technical services company following a successful protest on a $1.7 billion, 10-year NASA program. The decision set key new precedent regarding the impact of mergers and acquisitions during a procurement.
  • Successfully represented a leading medical products company in one of the largest and longest-running FCA cases in history under the Medicare and Medicaid programs related to Average Wholesale Pricing (“AWP”) of drugs, including parallel cases that were filed by over 20 states. Most recently, we convinced a First Circuit Court of Appeals panel to affirm the dismissal of an FCA action against our client, and to prevent the reopening of a $29.8 million settlement in the AWP multidistrict litigation.
  • Represented a Fortune 100 global management consulting and technology services firm, in connection with its $569 million contract to develop the Federal Facilitated Marketplace, which implements the Affordable Care Act and enables consumers to obtain affordable health coverage through the Healthcare.gov website by allowing them to compare and select health plans, and ultimately to enroll with a health provider.
  • Secured the dismissal of several FCA cases against a Fortune 500 hardware and software reseller based upon alleged violations of the Trade Agreements Act.
  • Successfully resolved an FCA case on behalf of the largest container shipping company in the world in an FCA suit related to detention charges for cargo shipped to Iraq and Afghanistan.
  • Successfully resolved an FCA case on behalf of one of the largest systems integrators in the world in multiyear litigation related to technology alliances—part of a series of cases involving the largest procurement-related FCA litigation in the last decade.
  • Resolved a government claim on behalf of a leading professional services contractor arising from a DCAA audit of an incurred cost proposal that questioned $12 million in self-insurance costs. Our responses to the claim and legal analysis led the government to withdraw the entire claim without litigation.
  • Represented a logistics and public works contractor in a lawsuit by a subcontractor in the Eastern District of Virginia arising from the Army’s failure to pay our client millions of dollars for work at one of the largest Army bases in the United States. We secured payment from the Army following Touhy requests relating to the prime contract and favorably saw the lawsuit through motions practice and mediation.


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