Protorae Law has lawyers experienced in both the contract formation and contract administration stages of the government contracts lifecycle. Contractors seek assistance from us even before a RFP hits the streets, asking us to draft and negotiate teaming, joint venture, strategic alliance, business pursuit, escrow and marketing agreements; to participate in Blue, Red and Gold team reviews of proposals; and to help understand the impact of Government clauses included in Invitations for Bids, Request for Proposals and Requests for Quotations. During a government procurement, we counsel clients on agency requests for clarification and agency discussions or negotiations. Our attorneys advise large contractors on OCI issues and draft mitigation plans for submission to the Government. Following contract award, contractors frequently retain us in connection with a “bid protest,” to challenge the contract award or defend the contract award with the Government customer. Our attorneys work with contractors in identifying the grounds for and likelihood of success of bid protests as well as filing protests at an agency, the Government Accountability Office or in the U.S. Court of Federal Claims on their behalf.
We also help contractors with contract administration matters such as the drafting and negotiation of subcontractors and reseller, distribution, administrative assistance and consulting agreements. We assist contractors in adopting a Code of Business Ethics and implementing compliance programs. Contractors often request that we develop internal training programs for management and employees. We counsel contractors with respect to disputes with the Government or subcontractors over contract performance, putting together everything from requests for equitable adjustments to termination settlement proposals. If the worst happens, our attorneys have experience in representing contractors in suspension and debarment proceedings and in Government audits and investigations.
What distinguishes us from most firms, however, is that our lawyers also are experienced in other disciplines that regularly intersect with the specialized rules and regulations applicable to government contracts. For example, our government contracts lawyers understand the employment issues that arise in the government contracts context such as the applicability of the Service Contract Act or a collective bargaining agreement to a contract; the drafting and negotiation of noncompete or nonsolicitation agreements with employees, subcontractors or consultants; and a contractor’s rights and obligations with respect to hiring incumbent employees.
On the corporate side, we perform due diligence for those companies interested in acquiring a contractor and draft and submit novation packages for a contractor that has been acquired. Our attorneys can explain the special data rights regulations applicable to intellectual property created by a contractor during performance of a government contract and can advise contractors how to protect their intellectual property when contracting with the Government, including the drafting of nondisclosure and licensing agreements and the negotiation of “work for hire” clauses in subcontracts and consulting agreements.
We are a small business and, therefore, understand the challenges facing small businesses in an increasingly complex and competitive federal market. We have an especially strong practice in small business contracting matters, helping small businesses obtain certifications necessary for participation in various preferential contracting programs administered by the SBA and other agencies such as the Section 8(a), the Small Disadvantaged Business, the Service-Disabled Veteran-Owned Business, the Veteran-Owned Business, the HUBZone, the Women-Owned Small Business and the Mentor-Protege programs. We also help small business contractors in complying with the ongoing eligibility requirements for these programs and in filing and defending size and status protests and in bringing NAICS appeals.
For many contractors, the field of Government Contracts is an obstacle course. We’re here to help you scale the barriers, jump through the hoops and win the race.
- Represented a Singapore company in a dispute with a large federal contractor over non-payment for the construction of Army garrisons in Afghanistan
- Represented a mid-tier contractor in its negotiations with Libya to provide security training services to Libyan forces
- Represented small business contractor against a cease and desist action alleging small business violated noncompete and nonsolicitation provisions of contract with large contractor
- Represented SDVOSB in negotiation of a GSA Contractor Teaming Agreement with large public relations firm based in New York city
LEGAL DISCLAIMER: THE RESULTS OF ALL CLIENT MATTERS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH MATTER. PAST SUCCESSES DO NOT PREDICT OR GUARANTEE FUTURE SUCCESSES.