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Government and DoD Contracting

The federal government alone purchases almost $100 billion in goods and services from business owners every year. State and municipal government agencies also retain local businesses for projects that span a wide variety of industries, products and services. As a result, government contracting is a uniquely attractive sector for many companies looking to grow their business; however, contracting with the government poses special risks throughout the bidding process and execution of the contract. Organizations must accurately represent themselves to government agencies — and fully comply with government regulations — or face civil, and in some instances, criminal penalties.

The Warner Government Contracting Practice Group counsels clients through every stage of the bidding process and can assist with internal compliance audits to prepare and protect against these risks. Our Government and DoD Contracting attorneys work with clients to identify opportunities and conduct market research so they are better positioned to bid against the competition. When disputes arise, our attorneys are prepared to work with you to resolve the conflict, carry you through a bid dispute, and, when necessary, represent you in the courts or before the requisite boards of review and/or administrative agencies.

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Government Contract Bidding
Companies who bid on projects for which they are not eligible or who misrepresent themselves or their product (deliberately or not) can be temporarily or even permanently disbarred from participating in future bids, have their contract terminated or be civilly or criminally penalized.  We provide guidance and counseling throughout the bidding process to avoid these pitfalls, including registering your business for the purpose of working with the government, bid conception and submission, contract negotiations and compliance audits. You can depend on us for expert guidance and protection through every stage of the bidding process.

Bid Protests
Bid protests compel agencies to re-evaluate an award or provide feedback on specific shortcomings. However, the process itself can be cumbersome and costly if conducted without insight into the protest process and the government agencies themselves. Our Government and DoD Contracting attorneys offer a wealth of experience in resolving your dispute efficiently and effectively, and know how to obtain valuable information in the process that could improve your prospects on future bids.

Compliance and Internal Audits
Internal investigations and audits proactively ready businesses for the bidding process, while ensuring compliance both before and during contract execution. Our internal audits minimize risk and position your organization for future compliance with numerous Federal Acquisition Regulations. Once we’ve identified the risks, we’ll develop a strategy designed to achieve your goals.

Risk Management
We regularly counsel clients on issues surrounding their policies, procedures and compliance with state and federal laws. We also handle complex insurance and risk management issues that often disrupt normal business operations, and work to put guidelines in place that keep businesses running smoothly.

Record Retention
Companies providing products and services to both the private sector and federal and state government face unique record retention obligations. If an organization has a negotiated procurement or sealed bid contract with the federal or state government, it is required to be keep certain records. We have specific expertise in counseling clients on their record retention obligations and the application of the federal and state acquisition regulations.

Enforcement Defense
Contracting with the government brings a number of risks along with its many benefits.  Government enforcement for violation of laws, regulations and contracts can include substantial fines and other penalties. These sanctions are not just applied to companies. Business owners and employees can face fines and even imprisonment for failure to comply with their obligations. In addition, under the False Claims Act, companies face the prospect of “qui tam” lawsuits brought by private litigators seeking to enforce and profit from claims brought on behalf of the government. We provide a clear-eyed evaluation of your risks and a vigorous defense of your interests every step of the way.

For state procurement assistance, please see our Government Affairs page, HERE.