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Government Acquisitions
Gavel and legal documents

 

Williamson Law Group vigorously fights to protect your rights to ensure the government is adhering to the rules in acquisition actions including contracts, cooperative agreements or other acquisition actions, as well as classified procurements.  We defend and challenge awards and solicitations before government agencies, at the Government Accountability Office, in the Court of Federal Claims, and in appeals before the Federal Circuit.  In addition, we frequently work with clients to structure their business and the business deal as they respond to solicitations or make unsolicited proposals.  Our attorneys are experts at all aspects of the business relationship and the government procurement cycle, and are available to help at any step of the process.

If you are facing issues in a solicitation or in an awarded contract, cooperative agreement or other action we have tremendous experience in all aspects of acquisition management and administration. We will help your business deal with any issue and thrive in the competitive government market.

Your trusted partner to resolve government acquisition issues.

Compliance and Ethics
Intellectual Property Rights Under Government Contracts

  • Forming a Joint Venture and business structure to win and execute government contracts is a complex and highly specialized skill. Joint Ventures offer the opportunity to present a single, unified face to a customer, to create a separate cost structure and benefit packages, and to utilize the Joint Venture members' past performance information for purposes of winning a proposal. When structured and established properly, Joint Ventures may offer a winning solution for procurements where a strong team approach is desired, along with very competitive pricing. We are experts at working with you to set up and use the Joint Venture to win and execute work, and to ultimately add value to your bottom line.

  • Frequently a team of contractors is required to cover the broad and complex scope of work commonly found in many of today's government contracts. Whether you are the Prime or a proposed subcontractor the Teaming Agreement must be expertly negotiated and drafted to protect your rights. Key issues must be considered such as anti-trust considerations, work scope and definition, the protection of proprietary information, rights in data and intellectual property, funding and payment, dispute resolution and affiliation concerns for small businesses. If the Teaming Agreement is drafted properly the terms should flow seamlessly into the subcontract upon contract award.

  • Once the prime contract is awarded favorable terms and conditions must be negotiated for all subcontracts. The terms from the Teaming Agreement should flow seamlessly into the subcontract, but that does not always happen. There are also numerous flow down clauses that must be included. Williamson Law Group attorneys are experienced in all aspects of subcontracts and prime contracts, and will help you make sure your subcontract is the best deal for your business, whether you are the prime contractor or a subcontractor.

  • Government contracts may be partially or completely terminated at any time by the Government. Terminations can be at the convenience of the Government, or may be for some alleged fault. Each termination type must be handled properly to receive your full settlement and mitigate future potential issues arising from the termination. Williamson Law Group has assisted clients in every type of termination, and is experienced as maximizing your settlement.

  • If your company is an unsuccessful bidder for a government contract, or has won an award and an unsuccessful bidder is protesting your award, it is importan to vigorously defend your rights. In the federal market, bid protests are an integral oversight mechanism, ensuring that federal acquisitions are carried out in accordance with procurement statutes and regulations. Bid protests can be brought in different forums and are subject to strict time lines that must be properly followed. Whether as a successful awardee or disappointed bidder, all companies must understand the bid protest process to successfully defend their own contract awards from protest or to vindicate their rights to full and open competition as a protester. Williamson Law Group is experienced in all aspects of bid protests and can help you make the best decisions for your business.

  • Government contracts provide for equitable adjustments for changes, scope growth, delays, and other unforeseeable occurrences. Williamson Law Group works with management, program, accounting, and engineering personnel to develop strategies for recovery. We investigate the facts, formulate optimal legal theories and draft and present requests for equitable adjustment (REAs) to maximize your recovery.

  • In the event your company suffers damages from a contract action or inaction by the government or a prime contractor, Williamson Law Group can develop and prosecute a claim to protect your rights and recover damages. We have helped clients in resolving claims either without litigation or through settlements reached well before trial. We are experienced in typical claims issues such as constructive changes, superior knowledge, differing site conditions, liquidated damages, and terminations, as well highly technical claims involving complex cost accounting and other issues such as economic price adjustment provisions, CAS compliance, Anti-Deficiency Act violations, and Truth in Negotiation Act price adjustments.

  • No matter how carefully a contract is drafted there may be instances where one Party wishes to change the terms or restructure the contract. Williamson Law Group is experienced in restructuring and negotiating changes to government contracts. We have negotiated all types of changes to government contracts from minor changes to changing contract type and other complex restructuring—we have restructured cost reimbursable type contracts into firm fixed price contracts, as well as negotiated partial terminations and resulting contract restructuring.

  • The Truth in Negotiations Act (TINA) imposes strict financial disclosure responsibilities on government contractors. Where TINA applies, your company must certify that, to the best of its knowledge, its "cost or pricing data" are accurate, current, and complete as of the date of agreement on price. The Government has the right to audit the company's records to ensure that cost or pricing data are current, accurate, and complete. Failing to fully comply with TINA is a violation of law—known as "defective pricing"—subjecting your company to a unilateral price reduction and opening you up to civil and criminal penalties. We help clients avoid defective pricing allegations by counseling them on TINA requirements and assisting them to fully comply with the law. If a defective pricing issue is raised, we help the company respond to and negotiate post-award audit allegations. And, if negotiations break down, we help them litigate—and win.

  • Contracts are only successful when you are paid a fair price at the right time. Williamson Law Group is experienced with all government contract payment terms, in both prime contract and subcontracts. We can help structure your proposal to include payment terms optimal to your business. We help you decipher the sometime confusing maze of contract types and payment terms, so you can make sound financial and business decisions. When your contract has not received funding or if you have not been timely paid Williamson Law Group will help to ensure your rights are protected.

  • Under some circumstances the Government can exclude (debarment) or suspend all procurement activity with a contractor. Debarment and suspension may arise out of government audits and investigations such as False Claims Act actions and may involve a variety of underlying issues, such as cost mischarging, defective pricing, environmental incidents, false small business or other certifications or other business ethics matters.

  • Small businesses compete for government contracts and subcontracts in several categories including the 8(a) Business Development, Small Disadvantaged Business (SDB), Veteran-Owned, Service-Disabled Veteran-Owned, Historically Underutilized Business Zone (HUBZone), Women-Owned, and Mentor-Protégé. Large businesses must be sensitive to small business requirements as well--large businesses must meet required goals in small business subcontracting plans in many of their contracts. In addition, large businesses frequently team with small businesses under small business set-aside contracts. It is essential that both large and small businesses understand the unique requirements associated with these arrangements, as they have recently become the subject of increased scrutiny. Williamson Law Group is experienced in all areas of government contract small business practice and can help structure the business to avoid common pitfalls such as affiliation or other issues.

  • The False Claims Act (FCA) is available to the Government and private whistleblower (qui tam) plaintiffs for a broad spectrum of alleged frauds committed under government contracts and federal assistance grants. Government contractors and grantees are at risk that the Government or private plaintiffs will allege violations of the FCA and claim significant damages and penalties based on the FCA's remedies for treble damages and statutory penalties per claim. Williamson Law Group is experienced at investigating the alleged misconduct and assisting clients take the appropriate actions to mitigate impact on the company.

  • International government contracting activities span a spectrum starting with marketing, through contract formation and performance issues, to successfully managing disputes. The legal challenges include, Foreign Corrupt Practices Act (FCPA) and U.S. export control support (which continues throughout contract performance); assistance with business structure and foreign tax issues; payment guarantees, foreign subcontractor issues, and negotiation of issues as they arise during performance of international contracts. Williamson Law Group has experience in all aspects of international contracting.

  • Many contracts and federal assistance agreements with the federal Government are subject to special cost accounting and allowability rules under the Cost Accounting Standards (CAS), the Federal Acquisition Regulation (FAR) and OMB regulations. Understanding the rules for allowability and allocability of costs on government contracts and federal assistance awards is critical to maximizing legitimate cost recovery and complying with the myriad cost allowability requirements imposed by these regulations and standards. In addition, contractors are subject to increasingly rigorous and comprehensive audits of their accounting practices and policies, particularly by the Defense Contract Audit Agency (DCAA). Williamson Law Group attorneys are experts in cost accounting matters and assist with internal CAS, FAR and OMB compliance and cost accounting rules and counsel clients in how best to respond to audit findings and concerns.