Government Contracts and Procurement Policy
Delivering “cradle-to-grave” assistance to government contractors, our fully integrated Government Contracts and Procurement Policy practice provides counseling, litigation, and regulatory representation in all areas of procurement law. Further, we understand that our clients require real-time advice and imaginative legal and business solutions to navigate their relationships with federal, state, and local governments.
From Silicon Valley startups to seasoned Washington, D.C., defense contractors, clients benefit from our team’s depth of legal and practical experience in traversing the complex regulatory regime of government contracts. Our collaborations with lawyers in related disciplines, such as public policy, intellectual property, and international trade give clients seamless access to timely and specialized advice, while our global platform allows us to leverage resources both domestically and abroad.
We represent clients in numerous industries such as defense, information technology, health care, manufacturing, maritime, construction, professional services, and emerging technologies, and work with them throughout the contract life cycle—from counseling on compliance plans, to negotiating contracts and subcontracts, to litigating bid protests and contract disputes, to conducting internal investigations.
Capabilities
Bid Protests
We provide assistance in litigation before the Government Accountability Office, the US Court of Federal Claims, state courts, and administrative tribunals. Many of our 25 US offices are located in the seats of state government, and our lawyers maintain active procurement practices that call for interpretation of state procurement laws. Our team has represented clients in hundreds of protests. Our lawyers serve in leadership positions in the American Bar Association Public Contract Law Section’s Bid Protest Committee and the US Court of Federal Claims Advisory Council’s Bid Protest and Contract Claims Committee.
Internal Investigations, Mandatory Disclosures, and Procurement Fraud Defense
We have conducted dozens of internal investigations and assisted many clients in determining if specific activities rose to the level at which disclosure would be appropriate or required. When internal corporate investigation calls for the independent judgment of K&L Gates outside counsel, our legal teams drill into the heart of the controversy and uncover suspect practices using the day-to-day language of the client. We have submitted many mandatory and voluntary disclosures on behalf of clients to federal agencies. Led by several former Assistant US Attorneys and Department of Justice attorneys, we also successfully defend clients in significant civil False Claim Act suits.
Grant, Cooperative Agreements, and Other Transactions
Leading research and development entities, including private companies and universities, rely on our knowledge and experience with these agreements, both for strategy and compliance. We have assisted clients in leveraging commercial technology into US government projects while helping them protect their precious intellectual property.
Supply Chain Compliance
We help contractors and their supply chains comply with restrictions on providing certain products and materials in the performance of contracts in which the US government is the end customer. We assist clients in establishing compliance plans and processes to ensure they flow down prime contract requirements to their subcontractors and suppliers. Our team stays up to date on evolving regulatory requirements and regularly assists clients in understanding and implementing them. We also advise clients on a wide variety of compliance issues, including supply chain security, domestic sourcing (Buy American) requirements, and cybersecurity compliance.
Claims and Disputes Resolution
Our practice includes a strong bench of litigators who represent clients in administrative, state, and federal court litigation involving claims relating to government contracts and subcontracts, including claims and appeals to the Boards of Contract Appeals pursuant to the Contract Disputes Act.
Due Diligence and Mergers and Acquisitions
We assist clients in assessing the risks associated with acquisitions and sales of government contractors, negotiating appropriate protective provisions in the acquisition agreements, and obtaining government approvals (contract novations and otherwise) required by law and regulation. We also work closely with our international trade team to advise US companies with foreign ownership on how to implement governance structures that insulate and mitigate foreign influence, enabling them to obtain necessary security clearances and compete for sensitive US government contracts.
