Blank Rome LLP

Despite the trend toward commercial practices in public procurement, government contractors still must deal with hundreds of unique laws and regulations.  Blank Rome’s government contracts group represents individuals, private businesses, and public agencies.  Our clients include government contractors, state and municipal governments, mass transit agencies, and others, including recipients of federal and state grants and loans under a variety of programs throughout the United States and the world.  We have particular experience representing clients in industries such as information technology, homeland security, healthcare, maritime, construction, education, and Alaska Native Corporations (ANCs).

We serve clients at all stages of the government procurement process: from helping companies locate business opportunities, to assisting them in preparing proposals and negotiating contracts, and, if need be, representing them in resolving disputes.

Winning Government Contracts and Grants

We advise businesses new to the government market, as well as experienced government contractors desiring to expand their market share through new contracts, grants, or other forms of financial assistance.  We assist clients in responding to solicitations, broad agency announcements, program research-and-development announcements, grant applications, cooperative agreements, and Cooperative Research and Development Agreements (CRADAs).  This includes advising prospective bidders on risks and obligations created by the various requirements incorporated into government contracts, such as those related to affirmative action, and small and small-disadvantaged business subcontracting requirements.

While we do everything possible to assure that our clients win contracts, when they do not, we evaluate carefully the advantages to be gained by—and risks inherent in—challenging contract awards to competitors. 

Bid Protests

Contract Administration and Claims Prevention

Members of the government contracts group assist with contract administration, and claims and disputes prevention and mitigation through counseling, training, and—when necessary—representation before the contracting agency to resolve emerging problems.  We provide in-house training on procurement integrity and ethics, organizational conflicts of interest, and corporate self-governance.

Contract Performance Disputes

As in any contracting environment, disputes occur.  We negotiate and resolve disputes both informally and through structured Alternative Dispute Resolution (ADR) procedures. When these methods fail, we are experienced in handling litigation that may arise, and litigate those disputes as appropriate, based upon client needs and direction.  Our dispute experience includes issues regarding contractor and subcontractor claims, defective pricing, cost disallowances, default terminations, convenience terminations, time extensions, constructive changes, suspension of work, differing site conditions, acceleration, excusable delay, contract interference, government-caused delay, and defective data packages and specifications.

Small Business Act Compliance

Our government contracts group also represents businesses that represent themselves as small, disadvantaged, Veteran Owned, 8(a) and other preferenced categories, as well as large businesses doing business with those companies, that must navigate a changing landscape of regulations and sanctions aimed at reducing past abuses under these programs. Our services include:

• Small Business Status Audits
• Protective Structuring for Small Business Related Contracting
• Small Business Status Compliance for Buy/Sell Transactions
• Challenges to Your Competitor’s Small Business Status  here
• Defense of Your Status as a Small Business, 8(a), SDB, Veteran  Owned Business, Etc.
• Subcontracting Limitations Compliance
• Size Protests
• NAICS Codes Revisions
• Whistleblower Investigations and Claims

To see our representative engagements and to learn more about our Small Business Act Compliance services, please click here.

Contract Audits

Our team is experienced with federal and state contract audits as both private and government counsel.  We also work with public accounting firms and consulting firms specializing in federal government cost accounting to provide advice in the following areas:

• pre-award surveys of prospective contractor accounting systems
• post-contract award accounting system audits
• incurred cost audits
• audit discrepancy resolution

Suspension, Debarment, and Other Special Problems

As needed, we counsel clients regarding contracting ethics and integrity matters, including preparation of present-responsibility cases and defense in show-cause, suspension, or debarment proceedings.  We represent clients before all of the military agencies, as well as EPA, GSA, HUD, DOT, DHS, and other civilian agencies.  As special problems arise, we draw upon colleagues in our white collar practice in responding to investigations and to allegations of civil fraud, kickbacks, or criminal allegations.

Experienced Lawyers, Recognized in Their Fields

Blank Rome’s government contracts attorneys have broad experience in representing both industry and government.  Our attorneys include lawyers who have served in senior positions at the U.S. Arms Control and Disarmament Agency, and as counsel for the U.S. Department of the Navy.  Blank Rome attorneys frequently publish articles on government-contract law and related industries.  Members of the practice have lectured at George Washington University’s Government Contracts Program and the Construction Education Management Corporation.