Children's Institute of Pittsburgh
On behalf of the Children's Institute of Pittsburgh, helped obtain more than $3 million in Pennsylvania state grants for a capital budget program and expansion of services.Government Contracts: Overview
The United States government is the single largest purchaser of goods and services in the world. In fact, the nation's spending on procurement of both has reached historic levels, and new rules and regulations have created unprecedented complexities and issues for government contractors.
The Government Contracts Practice Group at Buchanan Ingersoll & Rooney is comprised of highly respected and well-known attorneys and professionals who regularly assist clients with obtaining and negotiating government contracts, grants and cooperative agreements as well as litigating, arbitrating or otherwise resolving claims against the government. We also represent clients with respect to government inquiries, audits and investigations.
We have focused experience in federal, state and local procurement matters, in the specialized courts and boards dealing with government contract cases, in other courts and in private industry. The process of selling goods and services to the federal government is governed by a complex maze of statutes and regulations. The experience of our government contracts practitioners, in all phases of this complex process, enables our clients to efficiently and effectively contract for the sale of goods and services to the federal government. We have practiced in all areas of government contracts and federal claims litigation, counseling at both the prime and subcontractor levels and on federal, state and local contracting. We also have deep experience in the areas of bid protests and claims arising under all types of contracts.
In addition to assisting our clients with contract procurement, formation, negotiation and compliance as well as contract litigation, arbitration and investigations, our team also draws upon the focused resources of our Federal Procurement, Federal Government Relations, Litigation, Corporate Finance & Technology, Labor and Employment, and Tax practices.
We have assisted clients with such matters as:
Contract Procurement, Formation and Negotiation
The Government Contracts Practice Group advises clients on the full range of contract formation issues, including those related to teaming and strategic alliance agreements, contracts and subcontracts. This work includes helping clients identify and address actual or potential conflicts of interest, cost and pricing issues raised by the Truth in Negotiations Act, how to best protect their proprietary information and technology, etc. Our work ranges from assisting small and large businesses in the development and negotiation of teaming agreements, negotiation of government, prime and sub-contracts, to the formulation and establishment of complex alliances, such as the formation of a consortium composed of traditional and nontraditional defense contractors and academe and subsequent negotiation of an "other transaction" agreement between the consortium and the government for prototype research and development projects.
In connection with disaster relief assistance, the Government Contracts Practice Group has assisted private companies, state and territorial governments, and not-for-profit entities, at the federal level, in obtaining FEMA grants and, at the state and territorial levels, in negotiating contracts between and among FEMA grant recipients, sub-recipients, contractors and subcontractors. Projects have included rebuilding public and private buildings destroyed by natural disasters as well as projects involving debris cleanup and proactive hazard mitigation.
Contract Performance and Compliance
We work with clients to resolve the many issues that arise during the performance of a federal, state or local contract. Our attorneys and professionals seek to resolve performance issues before they result in costly and time-consuming formal claims and disputes, but we are also very experienced in litigating such issues if negotiation fails.
We regularly work with our clients to ensure that they understand the myriad laws, rules and regulations that they must comply with to perform their government contracts, grants, cooperative agreements, and subcontracts. We develop, review and update our clients' compliance programs so that they will be able to effectively and efficiently comply with these requirements and identify and address risk areas in their ongoing and future work. Having in place an appropriate code of conduct and business ethics, policies and procedures, hotline program, compliance training and audit program has grown even more important since the passage of recent legislation and implementation of FAR rules which require that contractors establish and maintain such programs.
Contract Litigation, Arbitration and Investigations
The Government Contracts Practice Group includes veteran litigators who have represented clients in major litigation and arbitration proceedings with the federal government before the U.S. Court of Federal Claims and both the Armed Services Board of Contract Appeals (ASBCA) and the Civilian Board of Contract Appeals (CBCA). The team has represented government contract clients in other matters before federal, state and appellate courts, as well as in internal, civil and criminal grand jury and agency investigations.
Our clients range from large defense contractors to mid-sized high technology firms to small corporations and small disadvantaged businesses. Our clients offer governments a wide range of services and supplies, including major weapons and defense systems and subsystems, data processing and integration systems and security and maintenance services for defense and civilian facilities. We also serve both prime and sub-contractors in their business dealings under government contracts.
Our government contracts litigators have particular strength in construction-related disputes and disaster recovery work for clients on service contracts with government agencies. We also handle breach of contract damages cases and we pursue actions against the government under the Federal Tort Claims Act. We defend companies in personal injury and property damage cases, asserting the government contractor defense, and we handle class action cases and suits between private parties at all levels of subcontracts under government prime contracts.
With regard to injunction cases, or bid protests, our attorneys and professionals represent clients before the Government Accountability Office and the United States Court of Federal Claims. We have represented clients filing protests as well as intervening on behalf of clients awarded contracts that must defend against protests filed by disappointed bidders. Our government contracts litigators have handled claims involving:
The Government Contracts Practice Group at Buchanan Ingersoll & Rooney is comprised of highly respected and well-known attorneys and professionals who regularly assist clients with obtaining and negotiating government contracts, grants and cooperative agreements as well as litigating, arbitrating or otherwise resolving claims against the government. We also represent clients with respect to government inquiries, audits and investigations.
We have focused experience in federal, state and local procurement matters, in the specialized courts and boards dealing with government contract cases, in other courts and in private industry. The process of selling goods and services to the federal government is governed by a complex maze of statutes and regulations. The experience of our government contracts practitioners, in all phases of this complex process, enables our clients to efficiently and effectively contract for the sale of goods and services to the federal government. We have practiced in all areas of government contracts and federal claims litigation, counseling at both the prime and subcontractor levels and on federal, state and local contracting. We also have deep experience in the areas of bid protests and claims arising under all types of contracts.
In addition to assisting our clients with contract procurement, formation, negotiation and compliance as well as contract litigation, arbitration and investigations, our team also draws upon the focused resources of our Federal Procurement, Federal Government Relations, Litigation, Corporate Finance & Technology, Labor and Employment, and Tax practices.
We have assisted clients with such matters as:
Contract Procurement, Formation and Negotiation
The Government Contracts Practice Group advises clients on the full range of contract formation issues, including those related to teaming and strategic alliance agreements, contracts and subcontracts. This work includes helping clients identify and address actual or potential conflicts of interest, cost and pricing issues raised by the Truth in Negotiations Act, how to best protect their proprietary information and technology, etc. Our work ranges from assisting small and large businesses in the development and negotiation of teaming agreements, negotiation of government, prime and sub-contracts, to the formulation and establishment of complex alliances, such as the formation of a consortium composed of traditional and nontraditional defense contractors and academe and subsequent negotiation of an "other transaction" agreement between the consortium and the government for prototype research and development projects.
In connection with disaster relief assistance, the Government Contracts Practice Group has assisted private companies, state and territorial governments, and not-for-profit entities, at the federal level, in obtaining FEMA grants and, at the state and territorial levels, in negotiating contracts between and among FEMA grant recipients, sub-recipients, contractors and subcontractors. Projects have included rebuilding public and private buildings destroyed by natural disasters as well as projects involving debris cleanup and proactive hazard mitigation.
Contract Performance and Compliance
We work with clients to resolve the many issues that arise during the performance of a federal, state or local contract. Our attorneys and professionals seek to resolve performance issues before they result in costly and time-consuming formal claims and disputes, but we are also very experienced in litigating such issues if negotiation fails.
We regularly work with our clients to ensure that they understand the myriad laws, rules and regulations that they must comply with to perform their government contracts, grants, cooperative agreements, and subcontracts. We develop, review and update our clients' compliance programs so that they will be able to effectively and efficiently comply with these requirements and identify and address risk areas in their ongoing and future work. Having in place an appropriate code of conduct and business ethics, policies and procedures, hotline program, compliance training and audit program has grown even more important since the passage of recent legislation and implementation of FAR rules which require that contractors establish and maintain such programs.
Contract Litigation, Arbitration and Investigations
The Government Contracts Practice Group includes veteran litigators who have represented clients in major litigation and arbitration proceedings with the federal government before the U.S. Court of Federal Claims and both the Armed Services Board of Contract Appeals (ASBCA) and the Civilian Board of Contract Appeals (CBCA). The team has represented government contract clients in other matters before federal, state and appellate courts, as well as in internal, civil and criminal grand jury and agency investigations.
Our clients range from large defense contractors to mid-sized high technology firms to small corporations and small disadvantaged businesses. Our clients offer governments a wide range of services and supplies, including major weapons and defense systems and subsystems, data processing and integration systems and security and maintenance services for defense and civilian facilities. We also serve both prime and sub-contractors in their business dealings under government contracts.
Our government contracts litigators have particular strength in construction-related disputes and disaster recovery work for clients on service contracts with government agencies. We also handle breach of contract damages cases and we pursue actions against the government under the Federal Tort Claims Act. We defend companies in personal injury and property damage cases, asserting the government contractor defense, and we handle class action cases and suits between private parties at all levels of subcontracts under government prime contracts.
With regard to injunction cases, or bid protests, our attorneys and professionals represent clients before the Government Accountability Office and the United States Court of Federal Claims. We have represented clients filing protests as well as intervening on behalf of clients awarded contracts that must defend against protests filed by disappointed bidders. Our government contracts litigators have handled claims involving:
- recovery of various types of overhead, G & A costs and profit;
- constructive changes based on defective drawings and specifications, interference by inspectors, and delay and disruption;
- government misappropriation of the contractor's proprietary data;
- change in or improper use of bid evaluation factors; improper sole source awards; defects in solicitations, and unfair treatment of bidders;
- recovery of termination for convenience settlement costs and profit;
- improper interpretation of statutes and regulations;
- breach of contract including failure to pay and breach of the implied duties of cooperation and fair dealing, and failure to enable performance; and
- failure to set aside contract opportunities for qualified small businesses, where appropriate, under the HUBZone, 8(a), veteran or service disabled veteran set-aside programs, as well as failure to set aside for small business in general.