The federal government purchases billions of dollars of supplies and services annually from commercial and government contractors. State and local governments also purchase billions of dollars worth of items and services to satisfy their requirements. It is difficult to think of a product or service the government cannot or does not use in its daily operations.
Thompson Coburn works with contractors to generate revenues through government contracting. Whether we are advising commercial companies that are initially seeking to sell their products and services to the government, vendors that would like to increase their existing government business or companies that are involved in a dispute against the government, we have demonstrated success in addressing these issues and leveraging the right resources to maximize contractors’ interests in the public sector.
Although the government has taken steps to establish acquisition policies more closely resembling those of the commercial marketplace and to encourage the acquisition of commercial items, federal and state procurement systems remain arcane. A number of illogical and counterintuitive requirements could present serious risks to contractors. We help contractors recognize and manage the differences between government and commercial contracting by simplifying the myriad federal and state contracting regulations.
Thompson Coburn is extremely familiar with the significant number of contract vehicles and funding mechanisms federal and state governments use. We have extensive experience in preparing and negotiating contracts, grant awards, and other agreements with federal and state agencies.
navigating provisions to your advantage
We understand government acquisition policies and unique (“non-commercial”) government provisions addressing issues such as pricing of products and services, intellectual property protection, domestic purchasing preferences, “full and open” competition, allocation of liabilities, audits, and termination of rights.
These provisions must be addressed to deal effectively and successfully with the government. In this regard, we have developed innovative strategies to minimize or eliminate risk and obtain a competitive advantage. These strategies include, among other things, assisting with solicitation/funding opportunity review and contract/grant interpretation; actively negotiating contracts, subcontracts, grants, and other agreements recommending more streamlined contracting arrangements; structuring teaming and partnering agreements formulating and implementing contract compliance protocols; and leveraging our public affairs capabilities.
resolving disputes and challenges
If there is a contract dispute or the need to challenge a government award, we routinely represent companies before federal and state courts and other administrative forums, including the U.S. Court of Federal Claims, the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals, and the Government Accountability Office.
In these actions, we litigate disputes, pursue REAs and claims, and participate in bid protests to protect our clients’ interests. We also represent companies in small business size status protests, including appeals before the Small Business Administration’s Office of Hearings and Appeals.
We have defended clients responding to government audits and investigations being prosecuted under the False Claims Act (or other procurement integrity statutes and regulations) and work with entities that are facing suspension and debarment from government work. We are well-versed in alternative dispute resolution techniques, including arbitration and mediation.
from “cradle to grave”
We also provide a public affairs component that permits us to introduce contractors to administrative and legislative officials who can provide alternative legislative or administrative solutions. In short, we work with our clients from “cradle to grave” to formulate and execute their legal and business strategy to furnish specific products and services to the public sector.
